Beast Academy Terms of Service

AoPS Incorporated (hereafter called “Beast Academy”) operates the Beast Academy websites and services. This agreement (“Agreement”) is a legal agreement between Beast Academy and you (“you” or “User”) for the use of Beast Academy’s services and website. By using the Beast Academy services and website, you accept these terms. If you do not accept them, do not use the Beast Academy services and website. Beast Academy provides services to you subject to this Agreement. This Agreement and any future versions of this Agreement posted to Beast Academy’s website will be deemed a writing signed by both parties (Beast Academy and the User).

1. Beast Academy Services:Beast Academy is dedicated to sharing our love of math and puzzles to inspire the next generation of Math Beasts! Beast Academy currently provides Users with access to purchase goods like engaging textbooks, workbooks, and online resources. Online resources include, but are not limited to, online educational activities, curriculum integration for schools, and communication tools on its websites (“Services”). The Agreement applies to these Services and any other services provided on Beast Academy’s websites, unless explicitly stated otherwise. The Services are provided "AS-IS" and Beast Academy assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user actions, communications, or personalization settings. Some Services require the User to pay for their use and may require the User to agree to additional terms.
2. Registration:Registration is required for use of certain Services offered on the Beast Academy website. When registration is required, the User agrees to provide all required information accurately. Beast Academy reserves the right to suspend or terminate Services to any User, if Beast Academy in its sole discretion determines that the registration information is not accurate and complete.
3. Username and Password:During the registration process, the User will select a Password that gives the User access to their Account. If the User is an Educator or a Parent, then the User may have Student Accounts associated with their Account. The User may also select Passwords for these Student Accounts. The User is responsible for retaining the Passwords in confidence. The User is responsible for all activities that occur on their Account and the Accounts of their Students. The User agrees to immediately notify Beast Academy of any unauthorized use of the Accounts.
   
   The User may also select a Username for the User and/or for the User's Students to use as onscreen names. Any Username should be a pseudonym and not a real name. The User is responsible for retaining Usernames (both theirs and their Students, if any) in confidence.
4. Acceptable Use of Services:User acknowledges and agrees that he or she is fully responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) uploaded, posted, e-mailed, transmitted, or otherwise made available by the User via the User’s use of the Beast Academy website and Services. While Beast Academy makes reasonable efforts not to allow offensive, indecent, or objectionable material on this site, by using the Services, the User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Beast Academy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted, or otherwise made available via the Services.
   
   The User agrees to the following when using Beast Academy’s Services:
   • Not to impersonate any person or entity, including, but not limited to, a Beast Academy employee, school staff member, guide or guest, or falsely state or otherwise misrepresent your affiliation with any person or entity;
   • Not to copy, modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer Beast Academy’s websites or intellectual property;
   • Not to permit use of the Services by anyone other than the User or other authorized Users;
   • Not to forge headers of postings, e-mails, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
   • Not to upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy in any manner, hateful, or racially, ethnically or otherwise objectionable;
   • Not to upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidential disclosure agreements);
   • Not to upload, post, e-mail, transmit, or otherwise make available any Content that can be considered confidential or sensitive in nature;
   • Not to upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or any other proprietary and lawful rights of any third party;
   • Not to upload, post, e-mail, transmit, or otherwise make available any Content that would negatively affect the functioning of the system or would impose an unreasonable or disproportionately large load or burden on this Beast Academy’s systems;
   • Not to intentionally or unintentionally violate any local, state, national, or international law (including applicable export or re-export control laws and regulations);
   • Not to bully, “stalk”, or harass another User or any third party through Beast Academy’s website or Services;
   • Not to collect or store personal data about other users, unless such act is consistent with the use of Beast Academy’s services; and
   • Not to facilitate, encourage, or otherwise support any User’s acts that violate the terms of this Agreement.
   
   Beast Academy reserves the right to suspend or terminate Services to any User, if Beast Academy, in its sole discretion, determines that a User does not comply with these terms.
5. Student Privacy:Users of Beast Academy’s Services may include school officials who integrate Beast Academy’s Services into their curriculums. Users who upload personally identifiable information from student education records agree that they are responsible for compliance with the Family Educational Rights and Privacy Act (“FERPA”) by ensuring that the disclosure of FERPA-protected information is done with appropriate parent or legal guardian consent or under an exception to the general consent rule, such as the directory information or school official exceptions, as set forth in FERPA. (See 34 CFR 99 et. seq).
6. Interactions with Users:Beast Academy is not responsible for the actions, content, information or data of other third parties, including other Users. Users are responsible for interactions with other parties when using the Services. Beast Academy reserves the right to settle such disputes (e.g., terminating accounts for violating the Agreement).
7. Integration:This Agreement, together with any other documents referenced herein constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof.
8. License of User Content:Beast Academy does not claim exclusive ownership of the Content Users submit or make available for inclusion on the Service. The User hereby grants a non-exclusive, royalty-free, perpetual, irrevocable, fully sub-licensable, world-wide, fully-paid-up license in the Content submitted, transmitted, or created by the User through their use of the Services which allows Beast Academy to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed for any purpose allowed by law.
9. Governing Law:This Agreement shall be governed by the laws of the State of California without regard to any conflicts of law provisions. If parties cannot resolve disputes informally, User agrees that all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, (i) any and all disputes between User and Beast Academy shall be fully and finally resolved by binding arbitration following the American Arbitration Association’s rules, (ii) you are waiving any and all rights to a jury trial but all court remedies will be available in arbitration, and (iii) all disputes shall be resolved by a neutral arbitrator who shall issue a written opinion. This provision does not limit Beast Academy’s rights to bring suit in a competent jurisdiction.
10. Time Limitations:To the extent allowed by law, the User agrees that any claim or cause of action arising out of this Agreement or related to the Services must be filed within one year after such claim or cause of action arises or forever be barred.
11. Waiver:The failure of either party to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
12. Enforceability:If any provision of the Agreement is invalid or contravenes California law, such provision shall be deemed not to be a part of the Agreement and shall not affect the validity or enforceability of its remaining provisions, unless such invalidity or unenforceability would defeat an essential business purpose of the Agreement.
13. Warranties:Beast Academy makes no warranty that: (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be accurate or reliable, (d) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (e) any errors in the software will be corrected.
    
    BEAST ACADEMY MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BEAST ACADEMY SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET OFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    
    Beast Academy assumes no responsibility for errors or omissions in these materials. Beast Academy makes no commitment to update the information contained herein.
14. Pricing:Certain Services are available for a fee, as described on the Beast Academy website and as may be changed from time to time. All fees paid are nonrefundable, subject to any return policies that we in our discretion may adopt from time to time.
    
    Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all administrative fees (such as PayPal fees), governmental fees and applicable taxes associated with the Services and any transactions entered in connection with the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel.
15. Payment:Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any Services, you must provide us with a valid credit card number and associated payment information including all of the following: (a) your name as it appears on the card, (b) the billing address, (c) your credit card number, (d) the credit card type, (e) the date of expiration; and (f) the card verification code. By submitting that information to us, you agree that you authorize us to charge your card at our convenience, but within thirty (30) days of credit card authorization. You represent, warrant and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so. We will not be liable if minors or others acting with or without your permission use your credit card to make purchases on the Beast Academy website (and to the extent your minor children make any such purchases, you represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card. Certain fees (as specified on the Beast Academy website) will automatically renew and continue until the associated Services are terminated. You consent to and accept responsibility for all recurring charges to your credit or debit card, by means of ACH authorization (or other payment method, as applicable) without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable fees. In the latter case, you will have the option to opt-out and discontinue service prior to the recurring charge. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU WILL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
16. Indemnification:The User agrees to indemnify, hold harmless and defend Beast Academy against any and all third-party claims (including all associated legal fees and disbursements actually incurred) against Beast Academy arising out of a breach by the User of the obligations under this Agreement, or the use or misuse of the Beast Academy’s website or Services by User.
17. Risk and Limitation of Liability:Beast Academy shall not be liable for any monetary damages with respect to the User’s use of the Services hereunder, nor shall Beast Academy be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of this Agreement. The total liability of Beast Academy, whether under the express or implied terms of this Agreement, in tort (including negligence or other duty of care) or at common law, for any loss or damage including but not limited to any data loss or corruption, suffered by User or any Users authorized the User, whether direct, indirect or special, or any other similar damage that may arise or does arise from use of the Beast Academy’s website or Services or any breach of this Agreement by Beast Academy, shall in no event exceed the amount paid by the User to Beast Academy for the Services. These limitations of liability shall survive failure of any exclusive remedies provided in the Agreement.
18. Assignment:The User will not assign, transfer, delegate any or all of its rights or its duties or obligations under the Agreement without the consent of Beast Academy. Beast Academy may assign the Agreement to another third-party.
19. No Construction Against Drafter:If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these terms.
20. Force Majeure:Either party shall be excused from performance under the Agreement and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials.
21. Limits for Data Storage and Use:Beast Academy may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that any Content contributed by a User will be retained by the Services, the maximum disk space that will be allotted on Beast Academy servers on a User’s behalf, and the maximum number of times a User may access the Services in a given period of time. Beast Academy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Beast Academy reserves the right to terminate accounts that are inactive for an extended period of time.
22. No Sale or Use:The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. This does not apply to the resale of any books purchased by the User.
23. Termination:Beast Academy reserves the right to terminate, without prior warning, the access of any User to any Service or Content, for violation of any of the terms in the Agreement, or for any other reason at Beast Academy’s sole discretion. The User may close his/her account and cease use of the Services at any time.
24. No Agency:No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority to bind Beast Academy in any respect whatsoever.
25. Authority:If the User is under the age of eighteen (18), the User acknowledges and affirms that his/her legal guardian has reviewed and agreed to the Agreement on the User’s behalf. If a minor User doesn’t get his/her parent or guardian to read and agree to the Agreement, the User doesn’t have permission to use Beast Academy’s website or Services. If a User is entering into this Agreement on behalf of a school, company, or other entity, the User represents that he/she retains the authority the to bind such entity to the Agreement.

Copyright Infringement Claims

If you believe that any material on this website is an infringement of your copyright interests, you must notify us in writing via mail, fax, or email as listed below:

Your notification must contain all of the following elements, in accordance with Title 17 Section 512(c)(3)(A) of U.S. Code:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a bona fide notification of copyright infringement that contains all of the above elements, Beast Academy will remove the allegedly infringing material and notify the User who provided the material. Users who repeatedly post Content that infringe on other entities' copyrights are subject to having their Beast Academy access terminated.