TERMS OF USE


Acceptance

Welcome to Clockwork Fox Inc.’s zorbitsmathadventure.com website. These Terms of Use govern your use of zorbitsmathadventure.com and any successor websites (known as the “Site”), any Zorbit’s Math software downloaded from this Site or obtained elsewhere (the “Software”), and all of the services made available on the Site (the “Services”).

By using the Software and / or Services or visiting or browsing the Site, you acknowledge you have read, understood, and agreed to be bound by these Terms of Use and any modifications that may be made to these Terms of Use from time to time. In addition, to the extent our Services, Software, or Site require you to set up an account with a password, if you are designated as the parent or legal guardian in the account, are an authorized school official, or are otherwise the person who first registers for a Service, you agree to be responsible for ensuring that all users on your account comply with these Terms of Use and any modifications that may be made to the Terms of Use from time to time. If you do not agree to these Terms of Use, you should not use the Services, Software, or the Site.

These Terms of Use constitute a binding legal agreement between you and Clockwork Fox Inc. (“Clockwork Fox Studios,” “we,” “us,” and “our”). If you are using the Site, Software, or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf and that such entity agrees to indemnify you and Clockwork Fox Inc. for violations of these Terms of Use. Please read these Terms of Use carefully before accessing or using the Site, Software, or Services.

Modifications

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion, including the fees for the Software or Services. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site, Software, or Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, Software, or Services to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Site, Software, or Service. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.

Email Address

The email address you provide will serve as your login user name. The email address may be used to send a confirmation email at registration and to send information and updates to the Site, Software, or Services. We may use the email addresses as an additional means of communicating with you, including notifying you of updates to the Site, Software, or Services, or their related policies.

Registration

Before you can use certain parts of the Software or Services, you may be required to register an account. You must be 18 years of age or older to register an account. You may also add or register additional users to use the Services who are younger than 18 years old, but only if you are such users’ parent or legal guardian or are an authorized school official. You agree to provide true, accurate, current, and complete information about yourself and the users of the account as prompted by the Site (the “User Data”), and you agree to maintain and promptly update the User Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Site, Software, or Services.

You agree that if you provide any personally identifiable information about a child under age 13 in order to allow them to use the Site, Software, or Services, that you are the parent / legal guardian of such child or are an authorized school official and that you consent to the child’s use of the Site, Software, and Services and agree to be bound to these Terms of Use with respect to the child’s use. You understand the Privacy Policy will apply to the child’s use of the Site, Software, and Services.

Clockwork Fox Inc. does not use personally identifiable information provided by school customers about student users for any purpose other than to provide services to the school customer and the student user. Such information is maintained confidentially and not shared with or sold or otherwise provided to third parties. As well, to the extent Clockwork Fox Inc. collects, uses, or discloses any personal information (as that term is defined by the Children’s Online Privacy Protection Act) from children under the age of 13, that information is used solely to permit Clockwork Fox Inc. to provide services to the school customer and the student user.

You are responsible for maintaining the confidentiality of your account password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify Clockwork Fox Inc. of any unauthorized use of your password or user identification and any other breach of security and (b) ensure you exit from your account at the end of each session. Clockwork Fox Inc. cannot and will not be responsible for any loss or damage arising from your failure to comply.

You acknowledge and agree that we may preserve user information and may also disclose user information if required to do so by law or if we believe, in good faith, that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any content violates the rights of third parties, or (d) protect the rights, property, or personal safety of Clockwork Fox Inc., users of Clockwork Fox Studio Inc.’s Site, Software, and Services, or the public.

Without limiting the foregoing, parents, guardians, and school officials understand they are responsible for the acts and activities of minor children in connection with any use of the Site, Software, and Services and that the privacy policy will apply to their family’s use of the foregoing.

Fee-Based Services and Software

Some Software and Services may be offered to you on a for-a-fee basis. All fees are quoted and must be paid in US dollars. Any account name, password, or user ID supplied to you in connection with any fee-based Software or Services you purchase is personal to you; and you may not transfer or make available your account name, password, or user ID to others. Any distribution by you of such account name, password, and/or user ID may result in cancellation of the fee-based Software and Services without refund and the imposition of additional charges based on your unauthorized use.

Clockwork Fox Inc. may add additional features to the current Site, Software, and / or Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these Terms of Use.

Clockwork Fox Inc. assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalizations.

In order to use the Software and Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and / or telecommunications fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You understand and agree that the Site and Services may include certain communications from Clockwork Fox Inc., including service announcements and administrative messages, and that these communications are considered part of your registration; and you will not be able to opt out of receiving them.

Fee-Based Services and Software

Some Software and Services may be offered to you on a for-a-fee basis. All fees are quoted and must be paid in U.S. dollars. If you elect to purchase fee-based Software or Services, and transmit a purchase request to Clockwork Fox Studios Inc., you warrant that your use of the particular credit card or other Clockwork Fox Studios Inc.-accepted payment method is authorized and that all information you submit to Clockwork Fox Studios Inc. or any third party designated by Clockwork Fox Studios Inc. is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all fees, including any applicable sales taxes, you incur. Any account name, password, or user ID supplied to you in connection with any fee-based Software or Services you purchase is personal to you; and you may not transfer or make available your account name, password, or user ID to others. Any distribution by you of such account name, password, and/or user ID may result in cancellation of the fee-based Software and Services without refund and the imposition of additional charges based on your unauthorized use.

Clockwork Fox Studios Inc. may add additional features to the current Site, Software, and / or Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these Terms of Use.

Clockwork Fox Studios Inc. assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalizations.

In order to use the Software and Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and / or telecommunications fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You understand and agree that the Site and Services may include certain communications from Clockwork Fox Studios Inc., including service announcements and administrative messages, and that these communications are considered part of your registration; and you will not be able to opt out of receiving them.

 

Free Trials

Clockwork Fox Studios Inc. may offer access to its Site, Software, Services, and Content on a time-limited free trial basis, and thereafter as a registered, paid service. If you choose not to register at the end of your free trial period, Clockwork Fox Studios Inc. will disable or delete all data associated with your trial account, including student data, after the end of your free trial period.

 

Confidentiality

In providing access to and use of the Site, Software, and Services, we may disclose to you certain confidential, proprietary trade secret information of ours (the “Confidential Information”). Confidential Information includes but is not limited to the software, documentation, schematics, development tools, specifications, manuals, design documents, marketing information, financial information, or our business plans. Confidential Information may also include feedback from users. Confidential Information shall be our sole property, and you agree that you will not disclose any Confidential Information to any third party except to the extent that such Confidential Information (a) is or becomes generally available to the public through no fault of your own, (b) is rightfully received by you from a third party without limitation as to its use, or (c) is disclosed pursuant to any judicial or governmental request or order.

Restrictions on Use of Content

You acknowledge that the Site, Software, and Services are owned and operated by Clockwork Fox Inc. unless otherwise indicated. The contents are the property of Clockwork Fox Inc. and are protected without limitation pursuant to U.S., and foreign copyright, trademark, and other laws. You acknowledge that Clockwork Fox Inc.’s Sites, Software, and Services, including any underlying technology they use, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Clockwork Fox Inc. Site, Software, or Services or through associated third-party providers, are the copyrighted works of Clockwork Fox Inc. and/or such third parties.

Except as expressly authorized by Clockwork Fox Inc. or such third parties in these Terms of Use or as may be posted on the Site or Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile, or collect in a database, or in any manner commercially exploit any part of the Site, Content, or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Clockwork Fox Inc. in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Services on any other server.

No material from the Site, Software, or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download printables associated with the Zorbit’s Math Teacher Dashboard Classroom Activities for use in your classroom, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Clockwork Fox Inc.’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any such material on any other website or networked computer environment for any purpose is prohibited.

In the event you download Software from the Site, the Software, including any files, images incorporated in or generated by the Software, and data accompanying the Software are licensed to you by Clockwork Fox Inc. Clockwork Fox Inc. does not transfer title to the Software to you. Clockwork Fox Inc. retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein.

Content

The Site, Software, and the Services may allow you and other third parties to post data, text, code, messages, opinions, advice, statements, reviews, comments, and other materials and information (collectively known as “User-Generated Content or UGC”). All UGC, whether publicly posted on or privately transmitted via the Site, Software, or the Services, is the sole responsibility of the person from whom the UGC originated and not of Clockwork Fox Inc., or its shareholders, directors, officers, or employees. Clockwork Fox Inc. may review and delete any UGC, in whole or in part, that in the sole judgment of Clockwork Fox Inc. violates these Terms of Use or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Clockwork Fox Studios or its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on UGC obtained through the Site, Software, or the Services. It is your responsibility to evaluate the UGC available through the Site, Software, or Services. Although UGC may not be pre-screened or reviewed, we reserve the right to refuse or delete any UGC.

Unsolicited Materials

Clockwork Fox Inc. likes to hear from you: however, please do not send Clockwork Fox Inc. any creative or original materials such as ideas for software products, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. Clockwork Fox Inc. shall be free to use any such ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information and shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.

The Zorbit’s Math Blog and Teachers’ Forum

All posts by the authors, guest authors, and visitors to the Zorbit’s Math Blog and Teachers’ Forum reflect personal thoughts and opinions, which are not necessarily those of Clockwork Fox Inc.

Licenses

When you post UGC, you hereby grant (or warrant that the owner of the UGC grants) us and each user of the Site, Software, or the Services a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the UGC for any purpose and without acknowledgement to you. By posting or providing UGC, you represent and warrant that public posting and use of your UGC by us and any of our users will not infringe on or violate the rights of any third party.

In addition, subject to the terms of these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Site, Software, and Services solely to the extent you have the right to access the Site, Software, and Services. Your right to access the Site, Software, and Services will be limited by the terms of these Terms of Use. Except for this license granted to you, we retain all right, title, and interest in and to the Site, Software, and Services, including all related intellectual property rights. The Site, Software, and Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site, Software, and Services; (b) rent, lease, or sublicense the Site, Software, and Services, nor (c) circumvent or disable any security or technological features or measures in the Site, Software, and Services. You may not export or re-export the Site, Software, and Services without (a) the prior written consent of Clockwork Fox Inc. and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.

Usage Guidelines and Restrictions

You are prohibited from violating or attempting to violate the security of the site, including without limitation (a) accessing data not intended for users or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host, or network, including without limitation via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbooming,” or “crashing;” (d) sending unsolicited e-mail, including promotions and /or advertising of products or services; or (e) forging TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of any system or network security may result in civil or criminal liability. Clockwork Fox Inc. will investigate occurrences that may involve such violations and may involve and co-operate with law enforcement authorities in prosecuting users who are involved in such violations.

You may use the Site only for lawful purposes. You also agree not to use the Site, Software, or the Services to:

  1. upload, post, e-mail, or otherwise transmit any UGC that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses, and URLs), unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. stalk or otherwise harass another user;
  3. collect or store personal information about other users without their permission;
  4. disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
  5. harm minors in any way or write comments that in any way that identify person(s) under 18 years of age;
  6. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  7. upload, post, e-mail, or otherwise transmit UGC that you do not have a right to transmit 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 agreements);
  8. upload, post, e-mail, or otherwise transmit UGC that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
  9. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation;
  10. upload, post, e-mail, or otherwise transmit 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;
  11. interfere with or disrupt the Site, Software, and Services or servers or networks connected to the Site, Software, or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, Software, or Services;
  12. intentionally or unintentionally violate any applicable local, state, national, or international law;
  13. use any automated means to access the Site, Software, or Services or collect any information from the Site, Software, or Services (including without limitation robots, spiders, or scripts);
  14. frame the Site, Software, or Services; utilize framing techniques to enclose any service mark, logo, or other proprietary information; place pop-up windows over their pages; or otherwise affect the display of their pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
  15. reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Site, Software, and Services, use of the Site, Software, and Services, or access to the Site, Software, and Services.

Termination

These Terms of Use are effective until terminated by either party. You may terminate them at any time by destroying all materials obtained from the Site, the Software, and the Services, and all related documentation, and all copies and instalments thereof whether made hereunder or otherwise. These Terms of Service may terminate immediately without notice from Clockwork Fox Inc. if in Clockwork Fox Inc.’s sole discretion you fail to comply with any term or provision of these Terms of Use, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious, or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from Clockwork Fox Inc. and all copies thereof, whether made under these Terms of Use or otherwise.

You agree that Clockwork Fox Inc. in its sole discretion may terminate your password, account (or any part thereof), and use of the Site, Software, and Services, and remove and discard any Content or UGC within the Site or Services for any reason, including, without limitation, for lack of use or if Clockwork Fox Inc. believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

Clockwork Fox Inc. may also in its sole discretion and at any time modify or discontinue providing the Site, Software, and Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site, Software, or Services may be effected without prior notice; and you acknowledge and agree that Clockwork Fox Inc. may immediately deactivate or delete your account and all related information and Content and UGC in your account and bar any further access to such information or to the Site, Software, or Services.

Further, you agree that Clockwork Fox Inc. shall not be liable to you or any third party for any modification or termination of your access to the Site, Software, or Services.

Privacy

Any information submitted on the Site, Software, or Services is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use. Our Privacy Policy may be found by clicking here. Please review our Privacy Policy carefully.

To deliver the Site, Software, and Services, we may collect, analyze, and interpret data elements acquired by, associated with, or provided in your use of the Site, Software, and Services (“Product and Service Analysis”). All individual data elements of the Product and Service Analysis are property of their respective owners and shall be governed by the Confidentiality and Intellectual Property provisions of these Terms of Use. All usage data related to performance or use of the Site, Software, and Services as well as algorithm, computational, or cumulative results of the Product and Service Analysis are wholly owned by us. This provision is in addition to and not a substitute for any other provision of these Terms of Use.

Disclaimers of Warranties / Limitations on Liability

The Site, Software, and Services (including all Content) are provided “as is.” Clockwork Fox Inc. makes no representations or warranties of any kind with respect to the Services, the Content, the Site, the Software, or any contents therein. Clockwork Fox Inc. assumes no liability or responsibility for any errors or omissions in providing the Services, the Site, the Software, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site.

Clockwork Fox Studios expressly disclaims all representations and warranties relating to the services, the software, the content, and the site, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title, and non-infringement.

In addition, Clockwork Fox Inc. does not represent or warrant that the information on or accessible via the Site or Software or through the Services is complete, current, or will be updated or corrected. Clockwork Fox Inc. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked site. While Clockwork Fox Inc. attempts to make your access and use of the Site, the Software, and the services safe, Clockwork Fox Inc. cannot and does not represent or warrant that the Site, the Software, or its server(s) are free of viruses, worms, Trojan horses, cancelbots, or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses. You (and not Clockwork Fox Inc.) assume the entire cost of all necessary servicing, repair, or correction.

Under no circumstances, including but not limited to negligence, shall Clockwork Fox Inc. be liable for any special, incidental, or consequential damages that result from the use of or inability to use the Site, the Software, or the Services, even if Clockwork Fox Inc. or an authorized representative of Clockwork Fox Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Clockwork Fox Inc.’s total liability to you for all damages, losses, and causes of action (whether in contract or not, including but not limited to negligence) or otherwise exceed the amount paid by you, if any, for accessing the Site, the Software, and the Services.

Clockwork Fox Inc.’s and its affiliates’, suppliers’, and their respective officers’, directors’, stockholders’, employees’, agents’, and representatives’ liability under these Terms of Use is limited to direct, objectively measureable damages. Clockwork Fox Inc. and its affiliates, suppliers, and their respective officers, directors, stockholders, employees, agents, and representatives will not be held liable for any indirect of speculative damages (including, without limited the foregoing, consequential, incidental, and special damages) including but not limited to loss of use, business interruptions, loss of data, and loss of profits, regardless of whether these parties had advance notice of the possibility of any such damages. Clockwork Fox Inc.’s and its affiliates’, suppliers’, and their respective officers’, directors’, stockholders’, employees’, agents’, and representatives’ total liability to you for any claim arising out of or relating to the Site, the Software, the Services, the Content, or these Terms of Use, whether in contract or in tort, shall not exceed $100 US.

If you are dissatisfied with the Site, Services, and /or Software, or with any terms, conditions, rules, policies, guidelines, or practices of using the Site, the Software, or the Services, your sole remedy is to discontinue using the Site, the Software, and the Services.

Severability

Each provision of these Terms of Use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these Terms of Use between the parties. This allocation is reflected in the fees we charge, if any, and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms of Use. The limitations in this section will apply notwithstanding the failure of the essential purpose of any limited remedy under these Terms of Use. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Any and all portions of this disclaimer shall automatically apply to all improvements and / or amendments as they appear on the Site, Services, and / or Software.

Indemnity

You agree to indemnify and hold Clockwork Fox Inc. and its stockholders, directors, officers, employees, agents, representatives, partners, or affiliates harmless from any loss, liability, claim, or demand, including reasonable legal fees, arising out of, resulting from, or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Site, the Software, the Services, or Content, including without limitation, these Terms of Use.

Links and Advertising

We may provide or third parties may provide links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided; and you hereby waive any claim you might have against us with respect to such sites. Clockwork Fox Inc. is not responsible for the content on the internet or on web pages that are contained outside the Site. Your correspondence or business dealings with or participation in promotions of other users, advertisers, or partners found on or through the Site, Software, the Services, and the Content, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site, Software, the Services, and the Content.

Modifications

We reserve the right to modify these Terms of Use at any time and in any manner at our sole discretion, including the fees for the Software or Services. Notice of any modification of these Terms of Use will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site, Software, and Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, Software, and Services to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately; and discontinue your use of the Site, Software, and Services. You agree that we are not liable to you or to any third party for any modification of the Terms of Use.

Governing Law and Arbitration

The site is controlled from within the Province of Newfoundland and Labrador, Canada. It can, however, be accessed from all other places around the world. Although these places may have different laws from those of the Province of Newfoundland and Labrador, by accessing this site you agree that the laws of the Province of Newfoundland and Labrador will apply to all matters relating to your use of this site, without regard to rules relating to conflict of laws.

Clockwork Fox Inc. makes no claims that the materials may be lawfully viewed or downloaded outside of Canada and the US. Access to materials may not be legal by certain persons or in certain countries. If you access the site from outside of Canada or the US, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in St. John’s, Newfoundland and Labrador, Canada; and you irrevocably consent to the jurisdiction of such courts.

Any controversy or claim arising out of or relating to these Terms of Use, the Services, the Software, or the Site will be settled by binding arbitration. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Newfoundland and Labrador, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Newfoundland and Labrador law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Site, Software, and Services, you consent and submit to the exclusive jurisdiction and venue of the courts located in Newfoundland and Labrador, Canada.

Release

In the event that you have a dispute with one or more users of the Site, Software, and Services, you release Clockwork Fox Inc. and its stockholders, directors, officers, employees, agents, representatives, partners, and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code – 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Claims of Copyright Infringement

Clockwork Fox Inc. respects the intellectual property rights of others and requires that the people who use the Site, Software, and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe your work has been copied and is accessible on the Site, Software, Services, Content, or UGC in a way that constitutes copyright infringement, you may notify us by providing us with the following information in writing:

  1. A signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of each alleged infringing copyrighted work or works;
  3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
  4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and e-mail address);
  5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorised 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 authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification of a copyright infringement claim must be submitted to the following:

Edward J. Martin, President
P. O. Box 8096, Stn. A
St. John’s, NL
Canada A1B 3M9

709-722-0140

info@zorbitsmath.com

Repeat Infringer Policy

In accordance with applicable copyright law, Clockwork Fox Inc. has adopted a policy of terminating in appropriate circumstances and at Clockwork Fox Inc.’s sole discretion, subscribers or account holders who are deemed to be repeat infringers on the intellectual property rights of Clockwork Fox Inc. or others. Clockwork Fox Inc. may also at its sole discretion limit access to the Services and / or terminate the accounts of any users who infringe any intellectual property rights of Clockwork Fox Inc. others, whether or not there is any repeat infringement.

General

Clockwork Fox Inc.’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.

By using the Site, Software, or the Services, you consent to receiving electronic communications from Clockwork Fox Inc. These communications will include notices about your account and information concerning or related to the Site, Software, and Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Clockwork Fox Inc. is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.

In these Terms of Use, the word “including” shall be construed as if followed by the words “but not limited to.” These Terms of Use, together with our Privacy Policy, comprise the entire agreement between you and Clockwork Fox Inc. Together they supersede all prior agreements, written and / or oral, between the parties regarding the subject matter contained herein; and any prior written or oral agreements between the parties are expressly canceled.

Reporting Violations of the Terms of Use

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Questions

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Last Updated February 8, 2016