CoCalc -- terms.tsx

Real-time collaboration for Jupyter Notebooks, Linux Terminals, LaTeX, VS Code, R IDE, and more,
all in one place.

GitHub Repository: sagemathinc/cocalc
Path: blob/master/src/packages/next/pages/policies/terms.tsx
Views: ⁶⁸⁷
1
/*
2
 *  This file is part of CoCalc: Copyright © 2021 Sagemath, Inc.
3
 *  License: MS-RSL – see LICENSE.md for details
4
 */
5

6
import Footer from "components/landing/footer";
7
import Header from "components/landing/header";
8
import Head from "components/landing/head";
9
import { Layout } from "antd";
10
import withCustomize from "lib/with-customize";
11
import { Customize } from "lib/customize";
12
import A from "components/misc/A";
13
import { MAX_WIDTH } from "lib/config";
14

15
export default function TermsOfService({ customize }) {
16
  return (
17
    <Customize value={customize}>
18
      <Head title="Terms of Service" />
19
      <Layout>
20
        <Header page="policies" subPage="terms" />
21
        <Layout.Content
22
          style={{
23
            backgroundColor: "white",
24
          }}
25
        >
26
          <div
27
            style={{
28
              maxWidth: MAX_WIDTH,
29
              margin: "15px auto",
30
              padding: "15px",
31
              backgroundColor: "white",
32
            }}
33
          >
34
            <div style={{ textAlign: "center", color: "#444" }}>
35
              <h1 style={{ fontSize: "28pt" }}>CoCalc - Terms of Service</h1>
36
              <h2>Last Updated: July 30, 2024</h2>
37
            </div>
38
            <div style={{ fontSize: "12pt" }}>
39
              <p>
40
                Welcome to the SageMath, Inc. ("<b>SMI</b>") website located at{" "}
41
                <A href="https://cocalc.com">https://cocalc.com</A> (the "
42
                <b>Site</b>"). Please read these Terms of Service (the "
43
                <b>Terms</b>") carefully because they govern your use of our
44
                Site and services accessible via our Site. To make these Terms
45
                easier to read, the Site and our services are collectively
46
                called the "<b>Services</b>".{" "}
47
              </p>
48
              <h1>Agreement to Terms</h1>
49
              <p>
50
                By using our Services, you agree to be bound by these Terms. If
51
                you don’t agree to these Terms, do not use the Services. If you
52
                are accessing and using the Services on behalf of a company
53
                (such as your employer) or other legal entity, you represent and
54
                warrant that you have the authority to bind that company or
55
                other legal entity to these Terms. In that case, "you" and
56
                "your" will refer to that company or other legal entity.{" "}
57
              </p>
58
              <h1>Changes to Terms or Services</h1>
59
              <p>
60
                We may modify the Terms at any time, in our sole discretion. If
61
                we do so, we’ll let you know either by posting the modified
62
                Terms on the Site at{" "}
63
                <A href="/policies/terms">https://cocalc.com/policies/terms</A>{" "}
64
                or through other communications. You can track complete details
65
                regarding every change{" "}
66
                <A href="https://github.com/sagemathinc/cocalc/tree/master/src/packages/next/pages/policies">
67
                  on GitHub
68
                </A>
69
                . It’s important that you review the Terms whenever we modify
70
                them because if you continue to use the Services after we have
71
                posted modified Terms on the Site, you are indicating to us that
72
                you agree to be bound by the modified Terms. If you don’t agree
73
                to be bound by the modified Terms, then you may not use the
74
                Services anymore. Because our Services are evolving over time we
75
                may change or discontinue all or any part of the Services, at
76
                any time and without notice, at our sole discretion.{" "}
77
              </p>
78
              <h1>Beta Testing Disclaimer</h1>
79
              <p>
80
                You understand and agree that the Services are released for beta
81
                testing only, and may not be at the level of performance of a
82
                commercially available product offering. The Services may not
83
                operate correctly and may be substantially modified prior to
84
                first commercial release.{" "}
85
                <span className="uppercase">
86
                  All Services provided hereunder are in various stages of
87
                  development and are likely to contain defects. a primary
88
                  purpose of granting you access to our Services in this
89
                  beta-testing phase is to obtain feedback on THE services’
90
                  performance and the identification of defects. we are under no
91
                  obligation to correct or cure defects that have been
92
                  identified. You are advised to safeguard important data, to
93
                  use caution when using and not to rely in any way on the
94
                  correct functioning or performance of the Services. you assume
95
                  The entire risk arising out of the use of the Services.{" "}
96
                </span>{" "}
97
              </p>
98
              <h1>Who May Use the Services</h1>
99
              <h2>Eligibility</h2>
100
              <p>
101
                You may use the Services only if you are 13 years (16, if you
102
                are an EU citizen) or older and are not barred from using the
103
                Services under applicable law.{" "}
104
              </p>
105
              <h2>Registration and Your Information</h2>
106
              <p>
107
                If you want to use certain features of the Services you’ll have
108
                to create an account ("<b>Account</b>"). You can do this via the
109
                Site. You must provide a name, email address, and any other
110
                information requested in order to complete the signup process
111
                and register your Account. You’re responsible for all activities
112
                that occur under your Account, whether or not you know about
113
                them. (Note: before September 2020, this paragraph was
114
                significantly more restrictive and we relaxed it to better
115
                support student privacy requirements.){" "}
116
              </p>
117
              <h1>Using the Services</h1>
118
              <p>
119
                The Services offer a web-based environment through which users
120
                can use SageMath and other open source math software online in
121
                connection with mathematical research and teaching and the
122
                performance of computational mathematics. Through their
123
                Accounts, users can create multiple projects ("<b>Project</b>"),
124
                each of which acts as a file system with multiple directories,
125
                inside of which a user can create and edit any number of files
126
                of any type (such as Latex documents, IPython notebooks, and
127
                SageMath worksheets) as well as write, compile, and run software
128
                code in various programming languages (such files and code
129
                collectively, "<b>Files</b>"). You’ll be able to share your
130
                Files with other users of the Services, as well as enable them
131
                to contribute to and build upon them and share them as well.
132
                When you create Files, you can, if you choose, specify the terms
133
                and conditions that govern other users’ use of your Files (e.g.
134
                a specific software or creative commons license) ("
135
                <b>File License</b>"). Similarly, if you download, access or use
136
                another user’s Files through the Services, you agree that you
137
                will use such Files strictly in accordance with the File License
138
                terms associated with that File (if any), as indicated through
139
                the Services. If you don’t agree with the terms of a File
140
                License, then you may not use the applicable Files.{" "}
141
              </p>
142
              <p>
143
                You can elect to share your Files (which comprise User Content
144
                (defined below)) with one or more Account holders of your
145
                choosing (each, a "<b>Collaborator</b>", and collectively, a "
146
                <b>Collaborator Team</b>"). By doing so, you are authorizing
147
                each Account holder member of such Collaborator Team to use such
148
                Files in accordance with the applicable File License you’ve
149
                specified for such Files through the Services. If you haven’t
150
                specified an applicable File License, then you authorize SMI to
151
                grant each Account holder member of such Collaborator Team a
152
                non-exclusive, worldwide, non-transferable, sublicenseable (to
153
                other Collaborators) license to copy, modify, create derivative
154
                works based upon, and publicly display, your Files. Each
155
                Collaborator can make your Files public, by Posting them (as
156
                described below). Additionally, each Collaborator can elect to
157
                share your Files with other Account holders. Such additional
158
                Account holders will become part of the Collaborator Team, and
159
                will have the same rights to access and use your Files as those
160
                granted to Collaborators in this paragraph.{" "}
161
              </p>
162
              <p>
163
                You may also make your Files available to a broader audience by
164
                posting them through our Services (hereinafter, "<b>Posting</b>
165
                ") to the general public. Keep in mind that, by Posting such
166
                Files, you are (i) authorizing all Account holders and
167
                non-Account holder users of the Services to access and use such
168
                Files in accordance with the applicable File License you’ve
169
                specified for such Files through the Services, or if no File
170
                License is applicable; (ii) authorizing SMI to grant (a) Account
171
                holders a non-exclusive, worldwide, non-transferable license to
172
                view, copy, and publicly display, your Files; and (b)
173
                non-Account holder users of the Service a non-exclusive,
174
                non-transferable license to view such Files.{" "}
175
                <span className="uppercase">
176
                  Once you POST TO THE GENERAL PUBLIC, you can LATER un-POST,
177
                  but the licenses granted will remain in effect. You cannot
178
                  revoke this license, so we encourage you to consider carefully
179
                  before POSTING.{" "}
180
                </span>{" "}
181
              </p>
182
              <h1>API Terms</h1>
183
              <p>
184
                You may access your Account data via our application programming
185
                interface ("<b>API</b>"). Your use of the API, including use
186
                through a third party product that accesses the Services, is
187
                subject to these Terms as well as the following specific terms:{" "}
188
              </p>
189
              <ul>
190
                <li>
191
                  You expressly understand and agree that SMI shall not be
192
                  liable for any direct, indirect, incidental, special,
193
                  consequential or exemplary damages, including but not limited
194
                  to, damages for loss of profits, goodwill, use, data or other
195
                  intangible losses (even if SMI has been advised of the
196
                  possibility of such damages), resulting from your use of the
197
                  API or third-party products that access data via the API.{" "}
198
                </li>
199
                <li>
200
                  Abuse of or excessively frequent requests to the Services via
201
                  the API may result in the temporary or permanent suspension of
202
                  your access to the API. SMI, in its sole discretion, will
203
                  determine abuse or excessive usage of the API. SMI will make a
204
                  reasonable attempt via email to warn you prior to permanent
205
                  suspension.{" "}
206
                </li>
207
                <li>
208
                  SMI reserves the right at any time to modify or discontinue,
209
                  temporarily or permanently, your access to the API (or any
210
                  part thereof) with or without notice.{" "}
211
                </li>
212
                <li>
213
                  Unauthorized access to the API is not allowed from third party
214
                  software. You must create your own account and provision an
215
                  API key in order to use the API.
216
                </li>
217
              </ul>
218
              <h1>Payments and Refunds</h1>
219
              <p>
220
                Your subscription to use the Services can be on a free or paid
221
                basis. If you are using the Services pursuant to a paid plan (or
222
                you upgrade from a free to a paid plan) you must provide SMI
223
                with complete and accurate billing and contact information. You
224
                will be billed immediately upon an upgrade from the free plan to
225
                any paid plan. Paid plans may include free temporary trial
226
                periods. For paid plans where payment is due on a monthly or
227
                annual basis, you will be billed for the Services in advance on
228
                a non-refundable basis for the next period or a portion of it.
229
                There will be no refunds or credits for partial months or years
230
                of service, upgrade/downgrade refunds, or refunds for months
231
                unused with an open Account. Pay-As-You-Go Services may require
232
                you to put CoCalc Credit on your account before you can access
233
                them. CoCalc Credit is given on a non-refundable basis. No
234
                exceptions will be made except for billing errors. All fees due
235
                hereunder in connection with the Services are exclusive of all
236
                taxes, levies, or duties imposed by taxing authorities, and you
237
                shall be responsible for payment of all such taxes, levies, or
238
                duties, excluding only United States (federal or state) taxes on
239
                SMI’s net income. Downgrading your plan may cause the loss of
240
                access to Content, features, or capacity of your Account. SMI
241
                does not accept any liability for such loss. We may suspend or
242
                terminate the subscription Services if fees are 30 days past
243
                due. Pay-As-You-Go services may be suspended or terminated
244
                immediately, if your CoCalc credit balance becomes negative. You
245
                agree to pay, and authorize SMI’s third party payment processor
246
                to charge using your selected payment method, for all applicable
247
                fees and taxes that may accrue in relation to your use of the
248
                Services. The fees for your subscription to use the Services are
249
                set forth at <A href="/pricing">https://cocalc.com/pricing</A>.
250
                Pricing for the Services, including but not limited to monthly
251
                subscription plan fees, are subject to change upon thirty (30)
252
                days’ notice from SMI. Such notice may be provided at any time
253
                by posting the changes to the Site or the Service itself.{" "}
254
              </p>
255
              <p>
256
                In order to use the Services for commercial purposes, you must
257
                obtain business license or subscription.
258
              </p>
259
              <h1>Feedback</h1>
260
              <p>
261
                We welcome feedback, comments and suggestions for improvements
262
                to the Services ("<b>Feedback</b>"). You can submit Feedback by
263
                emailing us{" "}
264
                <A href="mailto:[email protected]">[email protected]</A>.
265
                You grant to us a non-exclusive, worldwide, perpetual,
266
                irrevocable, fully-paid, royalty-free, sublicensable and
267
                transferable license under any and all intellectual property
268
                rights that you own or control to use, copy, modify, create
269
                derivative works based upon and otherwise exploit the Feedback
270
                for any purpose.{" "}
271
              </p>
272
              <h1>Privacy Policy</h1>
273
              <p>
274
                Please refer to our Privacy Policy (
275
                <A href="/policies/privacy">
276
                  https://cocalc.com/policies/privacy
277
                </A>
278
                ) for information on how we collect, use and disclose
279
                information from our users.{" "}
280
              </p>
281
              <h1>Content and Content Rights</h1>
282
              <p>
283
                For purposes of these Terms: (i) "<b>Content</b>" means text,
284
                graphics, images, software, works of authorship of any kind, and
285
                information or other materials that are posted, generated,
286
                provided or otherwise made available through the Services; and
287
                (ii) "<b>User Content</b>" means any Content that Account
288
                holders (including you) provide to be made available through the
289
                Services (including without limitation, Files). Content includes
290
                without limitation User Content.{" "}
291
              </p>
292
              <h1>Content Ownership and Responsibility</h1>
293
              <p>
294
                SMI does not claim any ownership rights in any User Content and
295
                nothing in these Terms will be deemed to restrict any rights
296
                that you may have to use and exploit your User Content. Subject
297
                to the foregoing, SMI and its licensors exclusively own all
298
                right, title and interest in and to the Services and Content,
299
                including all associated intellectual property rights. You
300
                acknowledge that the Services and Content are protected by
301
                copyright, trademark, and other laws of the United States and
302
                foreign countries. You agree not to remove, alter or obscure any
303
                copyright, trademark, service mark or other proprietary rights
304
                notices incorporated in or accompanying the Services or Content.{" "}
305
              </p>
306
              <h2>Rights in User Content Granted by You</h2>
307
              <p>
308
                By making any User Content available through Services: (i) you
309
                hereby grant to SMI a non-exclusive, transferable,
310
                sublicenseable, worldwide, royalty-free license to use, copy,
311
                modify, create derivative works based upon, publicly display,
312
                publicly perform and distribute your User Content in connection
313
                with operating and providing the Services and Content; and (ii)
314
                you hereby grant to Account holders and non-Account holder users
315
                of the Services who are permitted access to your Files the right
316
                to use your Files in accordance with the applicable File
317
                Licenses you have indicated govern use of your Files (if any).{" "}
318
              </p>
319
              <p>
320
                You are solely responsible for all your User Content. You
321
                represent and warrant that you own all your User Content or you
322
                have all rights that are necessary to grant us the license
323
                rights in your User Content under these Terms. You also
324
                represent and warrant that neither your User Content, nor your
325
                use and provision of your User Content to be made available
326
                through the Services, nor any use of your User Content by SMI on
327
                or through the Services will infringe, misappropriate or violate
328
                a third party’s intellectual property rights, or rights of
329
                publicity or privacy, or result in the violation of any
330
                applicable law or regulation.{" "}
331
              </p>
332
              <h2>Aggregate Data Usage</h2>
333
              <p>
334
                You acknowledge and agree that SMI may (i) collect anonymous
335
                usage and performance data with respect to your use of the
336
                Services, and the performance of the Services in connection with
337
                your use; and (ii) analyze your User Content on an anonymous
338
                aggregate basis, in each case for the purposes of measuring and
339
                analyzing usage and performance of, and improving, testing and
340
                providing, the Services and additional services. SMI will use
341
                and disclose (and you hereby authorize SMI to use and disclose)
342
                this data only in aggregate form (i.e., data aggregated from
343
                various users’ use of the Services, but not specifically
344
                identifying you).{" "}
345
              </p>
346
              <h3>Rights in Content Granted by SMI</h3>
347
              <p>
348
                Subject to your compliance with these Terms, SMI grants you, if
349
                you are a non-Account holder user of the Services, a limited,
350
                non-exclusive, non-transferable license to view any Content to
351
                which you are permitted access solely in connection with your
352
                permitted use of the Services.{" "}
353
              </p>
354
              <p>
355
                Subject to your compliance with these Terms, SMI grants you, if
356
                you are an Account holder, a limited, non-exclusive, worldwide,
357
                non-transferable license to copy, modify, create derivative
358
                works based upon, and publicly display the Content (excluding
359
                any User Content) solely in connection with your permitted use
360
                of the Services and solely in connection with your permitted use
361
                of the Services.{" "}
362
              </p>
363
              <h1>General Prohibitions and SMI’s Enforcement Rights</h1>
364
              <p> You agree not to do any of the following:</p>
365
              <ul>
366
                <li>
367
                  Post, upload, publish, submit or transmit any Content that:
368
                  (i) infringes, misappropriates or violates a third party’s
369
                  patent, copyright, trademark, trade secret, moral rights or
370
                  other intellectual property rights, or rights of publicity or
371
                  privacy; (ii) violates, or encourages any conduct that would
372
                  violate, any applicable law or regulation or would give rise
373
                  to civil liability; (iii) is fraudulent, false, misleading or
374
                  deceptive; (iv) is defamatory, obscene, pornographic, vulgar
375
                  or offensive; (v) promotes discrimination, bigotry, racism,
376
                  hatred, harassment or harm against any individual or group;
377
                  (vi) is violent or threatening or promotes violence or actions
378
                  that are threatening to any person or entity; or (vii)
379
                  promotes illegal or harmful activities or substances.{" "}
380
                </li>
381
                <li>
382
                  Use, display, mirror or frame the Services or any individual
383
                  element within the Services, SMI’s name, any SMI trademark,
384
                  logo or other proprietary information, or the layout and
385
                  design of any page or form contained on a page, without SMI’s
386
                  express written consent;{" "}
387
                </li>
388
                <li>
389
                  Access, tamper with, or use non-public areas of the Services,
390
                  SMI’s computer systems, or the technical delivery systems of
391
                  SMI’s providers;{" "}
392
                </li>
393
                <li>
394
                  Attempt to probe, scan or test the vulnerability of any SMI
395
                  system or network or breach any security or authentication
396
                  measures without SMI’s express written consent;{" "}
397
                </li>
398
                <li>
399
                  Avoid, bypass, remove, deactivate, impair, descramble or
400
                  otherwise circumvent any technological measure implemented by
401
                  SMI or any of SMI’s providers or any other third party
402
                  (including another user) to protect the Services or Content;{" "}
403
                </li>
404
                <li>
405
                  Attempt to access or search the Services or Content or
406
                  download Content from the Services through the use of any
407
                  engine, software, tool, agent, device or mechanism (including
408
                  spiders, robots, crawlers, data mining tools or the like)
409
                  other than the software and/or search agents provided by SMI
410
                  or other generally available third-party web browsers;{" "}
411
                </li>
412
                <li>
413
                  Send any unsolicited or unauthorized advertising, promotional
414
                  materials, email, junk mail, spam, chain letters or other form
415
                  of solicitation;{" "}
416
                </li>
417
                <li>
418
                  Use any meta tags or other hidden text or metadata utilizing a
419
                  SMI trademark, logo URL or product name without SMI’s express
420
                  written consent;{" "}
421
                </li>
422
                <li>
423
                  Use the Services or Content, or any portion thereof, in any
424
                  manner not permitted by these Terms;{" "}
425
                </li>
426
                <li>
427
                  Forge any TCP/IP packet header or any part of the header
428
                  information in any email or newsgroup posting, or in any way
429
                  use the Services or Content to send altered, deceptive or
430
                  false source-identifying information;{" "}
431
                </li>
432
                <li>
433
                  Interfere with, or attempt to interfere with, the access of
434
                  any user, host or network, including, without limitation,
435
                  sending a virus, overloading, flooding, spamming, or
436
                  mail-bombing the Services;{" "}
437
                </li>
438
                <li>
439
                  Impersonate or misrepresent your affiliation with any person
440
                  or entity;{" "}
441
                </li>
442
                <li>Violate any applicable law or regulation; or </li>
443
                <li>
444
                  Encourage or enable any other individual to do any of the
445
                  foregoing.{" "}
446
                </li>
447
              </ul>
448
              <p>
449
                Although we’re not obligated to monitor access to or use of the
450
                Services or Content or to review or edit any Content, we have
451
                the right to do so for the purpose of operating the Services, to
452
                ensure compliance with these Terms, and to comply with
453
                applicable law or other legal requirements. We reserve the
454
                right, but are not obligated, to remove or disable access to any
455
                Content, at any time and without notice, including, but not
456
                limited to, if we, at our sole discretion, consider any Content
457
                to be objectionable or in violation of these Terms. We have the
458
                right to investigate violations of these Terms or conduct that
459
                affects the Services. We may also consult and cooperate with law
460
                enforcement authorities to prosecute users who violate the law.
461
                If your bandwidth usage in connection with your use of the
462
                Services significantly exceeds the average bandwidth usage (as
463
                determined solely by SMI) of our other users, we reserve the
464
                right to immediately disable your Account or throttle your use
465
                of the Services (including without limitation, file hosting)
466
                until you can reduce your bandwidth consumption.{" "}
467
              </p>
468
              <h1>DMCA/Copyright Policy</h1>
469
              <p>
470
                SMI respects copyright law and expects its users to do the same.
471
                It is SMI’s policy to terminate in appropriate circumstances
472
                Account holders who repeatedly infringe the rights of copyright
473
                holders. Please see SMI’<i>s</i> Copyright and IP Policy at{" "}
474
                <A href="/policies/copyright"> /policies/copyright </A> for
475
                further information.{" "}
476
              </p>
477
              <h1>Links to Third Party Websites or Resources</h1>
478
              <p>
479
                The Services may contain links to third-party websites or
480
                resources. We provide these links only as a convenience and are
481
                not responsible for the content, products or services on or
482
                available from those websites or resources or links displayed on
483
                such websites. You acknowledge sole responsibility for and
484
                assume all risk arising from, your use of any third-party
485
                websites or resources.{" "}
486
              </p>
487
              <h1>Termination</h1>
488
              <p>
489
                We may terminate or suspend your access to and use of the
490
                Services, at our sole discretion, at any time and without notice
491
                to you. You may cancel your Account at any time by clicking on
492
                the Account link in the global navigation bar at the top of the
493
                screen through which you are accessing the Services. Upon any
494
                termination, discontinuation or cancelation of Services or your
495
                Account, the following provisions of these Terms will survive:
496
                Feedback; Privacy Policy; Content and Content Rights; Content
497
                Ownership and Responsibility (excluding Rights in Content
498
                granted by SMI); General Prohibitions and SMI’s Enforcement
499
                Rights; Indemnity; Limitation of Liability; Dispute Resolution;
500
                Governing Law and Jurisdiction; General Terms.{" "}
501
              </p>
502
              <h1>Warranty Disclaimers</h1>
503
              <p className="uppercase">
504
                The Services and Content are provided "AS IS," without warranty
505
                of any kind. Without limiting the foregoing, WE EXPLICITLY
506
                DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
507
                PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY
508
                WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
509
                WE MAKE NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR
510
                REQUIREMENTS OR EXPECTATIONS OR BE AVAILABLE ON AN
511
                UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY
512
                (I) REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,
513
                COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT; OR
514
                (II) THAT ANY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE BY YOU
515
                THROUGH THE SERVICES WILL BE FREE FROM ANY VIRUSES, TROJAN
516
                HORSES, WORMS, OR OTHER COMPUTER PROGRAMMING DEVICES WHICH MAY
517
                DAMAGE A USER’S COMPUTER, SYSTEM OR DATA OR PREVENT THE USER
518
                FROM USING ITS COMPUTER, SYSTEM OR DATA. YOU KNOWINGLY AND
519
                FREELY ASSUME ALL RISK WHEN USING THE SERVICES AND THE CONTENT.{" "}
520
              </p>
521
              <p className="uppercase">
522
                THE CONTENT PROVIDED BY ACCOUNT HOLDERS AND THE USE OF CONTENT
523
                BY ACCOUNT HOLDERS AND NON-ACCOUNT HOLDER USERS IS ENTIRELY THE
524
                RESPONSIBILITY OF THE APPLICABLE ACCOUNT HOLDER OR NON-ACCOUNT
525
                HOLDER USER WHO PROVIDES OR USES THE CONTENT, AS APPLICABLE. WE
526
                DISCLAIM ALL LIABILITY IN CONNECTION WITH OR ARISING FROM (I)
527
                ANY ACTS, OMISSIONS OR NEGLIGENCE ON THE PART OF ACCOUNT
528
                HOLDERS; (II) ACCOUNT HOLDER’S OR NON-ACCOUNT HOLDER USERS’ USE
529
                OF THE USER CONTENT, INCLUDING NON-COMPLIANCE WITH FILE
530
                LICENSES; AND (III) ANY LOSS OR DAMAGE CAUSED, INCLUDING,
531
                DAMAGES TO PROPERTY, LOSS OF SERVICES OR OTHER DAMAGES OR HARM,
532
                WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR
533
                USE OF THE SERVICES AND CONTENT. IN THE EVENT OF AN ACCOUNT
534
                HOLDERS’ OR NON-ACCOUNT HOLDER USERS’ NON-COMPLIANCE WITH YOUR
535
                FILE LICENSE, YOU AGREE THAT YOUR ONLY RECOURSE IS AGAINST THE
536
                APPLICABLE ACCOUNT HOLDER OR NON-ACCOUNT HOLDER USER WHO
537
                DOWNLOADS THE CONTENT.{" "}
538
              </p>
539
              <h1>Indemnity</h1>
540
              <p>
541
                You will indemnify and hold harmless SMI and its officers,
542
                directors, employees and agents, from and against any claims,
543
                disputes, demands, liabilities, damages, losses, and costs and
544
                expenses, including, without limitation, reasonable legal and
545
                accounting fees arising out of or in any way connected with (i)
546
                your access to or use of the Services or Content, (ii) your User
547
                Content, or (iii) your violation of these Terms (including
548
                without limitation your use of a File other than in accordance
549
                with the applicable File License and a breach by you of any
550
                representations or warranties in these Terms).{" "}
551
              </p>
552
              <h1>Limitation of Liability</h1>
553
              <p className="uppercase">
554
                NEITHER SMI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
555
                OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY
556
                INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
557
                INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE
558
                INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
559
                SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE
560
                TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
561
                CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
562
                NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
563
                WHETHER OR NOT CLIENT HAS BEEN INFORMED OF THE POSSIBILITY OF
564
                SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND
565
                TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
566
                <span>
567
                  {" "}
568
                  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
569
                  LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
570
                  ABOVE LIMITATION MAY NOT APPLY TO YOU.{" "}
571
                </span>
572
              </p>
573
              <p className="uppercase">
574
                In no event will SMI's total liability arising out of or in
575
                connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO
576
                USE the ServiceS or content EXCEED THE AMOUNTS YOU HAVE PAID TO
577
                SMI FOR USE OF THE SERVICES OR content OR ONE HUNDRED DOLLARS
578
                ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SMI, AS
579
                APPLICABLE.{" "}
580
              </p>
581
              <p>
582
                THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
583
                FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLIENT
584
                AND YOU.{" "}
585
              </p>
586
              <h1>Dispute Resolution</h1>
587
              <h2>Governing Law</h2>
588
              <p>
589
                These Terms and any action related thereto will be governed by
590
                the laws of the State of California without regard to its
591
                conflict of laws provisions.{" "}
592
              </p>
593
              <h2>Agreement to Arbitrate</h2>
594
              <p>
595
                You and SMI agree that any dispute, claim or controversy arising
596
                out of or relating to these Terms or the breach, termination,
597
                enforcement, interpretation or validity thereof or the use of
598
                the Services or Content (collectively, "<b>Disputes</b>") will
599
                be settled by binding arbitration, except that each party
600
                retains the right: (i) to bring an individual action in small
601
                claims court and (ii) to seek injunctive or other equitable
602
                relief in a court of competent jurisdiction to prevent the
603
                actual or threatened infringement, misappropriation or violation
604
                of a party’s copyrights, trademarks, trade secrets, patents or
605
                other intellectual property rights (the action described in the
606
                foregoing clause (ii), an "<b>IP Protection Action</b>"). The
607
                exclusive jurisdiction and venue of any IP Protection Action
608
                will be the state and federal courts located in the Northern
609
                District of California and each of the parties hereto waives any
610
                objection to jurisdiction and venue in such courts.{" "}
611
                <b>
612
                  You acknowledge and agree that you and SMI are each waiving
613
                  the right to a trial by jury or to participate as a plaintiff
614
                  or class member in any purported class action or
615
                  representative proceeding.
616
                </b>{" "}
617
                Further, unless both you and SMI otherwise agree in writing, the
618
                arbitrator may not consolidate more than one person's claims,
619
                and may not otherwise preside over any form of any class or
620
                representative proceeding. If this specific paragraph is held
621
                unenforceable, then the entirety of this "Dispute Resolution"
622
                section will be deemed void. Except as provided in the preceding
623
                sentence, this "Dispute Resolution" section will survive any
624
                termination of these Terms.{" "}
625
              </p>
626
              <h2>Arbitration Rules</h2>
627
              <p>
628
                The arbitration will be administered by the American Arbitration
629
                Association ("<b>AAA</b>") in accordance with the Commercial
630
                Arbitration Rules and the Supplementary Procedures for Consumer
631
                Related Disputes (the "<b>AAA Rules</b>") then in effect, except
632
                as modified by this "Dispute Resolution" section. (The AAA Rules
633
                are available at{" "}
634
                <A href="http://www.adr.org/arb_med">www.adr.org/arb_med</A> or
635
                by calling the AAA at 1-800-778-7879.) The Federal Arbitration
636
                Act will govern the interpretation and enforcement of this
637
                Section.{" "}
638
              </p>
639
              <h2>Arbitration Process</h2>
640
              <p>
641
                A party who desires to initiate arbitration must provide the
642
                other party with a written Demand for Arbitration as specified
643
                in the AAA Rules. (The AAA provides a form Demand for
644
                Arbitration at{" "}
645
                <A href="http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820">
646
                  {" "}
647
                  http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820
648
                </A>{" "}
649
                and a separate form for California residents at{" "}
650
                <A href="http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822">
651
                  {" "}
652
                  http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822
653
                </A>
654
                ) The arbitrator will be either a retired judge or an attorney
655
                licensed to practice law and will be selected by the parties
656
                from the AAA’s roster of arbitrators. If the parties are unable
657
                to agree upon an arbitrator within seven (7) days of delivery of
658
                the Demand for Arbitration, then the AAA will appoint the
659
                arbitrator in accordance with the AAA Rules.{" "}
660
              </p>
661
              <h2>Arbitration Location and Procedure</h2>
662
              <p>
663
                Unless you and SMI otherwise agree, the arbitration will be
664
                conducted in the county where you reside. If your claim does not
665
                exceed $10,000, then the arbitration will be conducted solely on
666
                the basis of the documents that you and SMI submit to the
667
                arbitrator, unless you request a hearing or the arbitrator
668
                determines that a hearing is necessary. If your claim exceeds
669
                $10,000, your right to a hearing will be determined by the AAA
670
                Rules. Subject to the AAA Rules, the arbitrator will have the
671
                discretion to direct a reasonable exchange of information by the
672
                parties, consistent with the expedited nature of the
673
                arbitration.{" "}
674
              </p>
675
              <h2>Arbitrator’s Decision</h2>
676
              <p>
677
                The arbitrator will render an award within the time frame
678
                specified in the AAA Rules. The arbitrator’s decision will
679
                include the essential findings and conclusions upon which the
680
                arbitrator based the award. Judgment on the arbitration award
681
                may be entered in any court having jurisdiction thereof. The
682
                arbitrator’s award of damages must be consistent with the terms
683
                of the "Limitation of Liability" section above as to the types
684
                and amounts of damages for which a party may be held liable. The
685
                arbitrator may award declaratory or injunctive relief only in
686
                favor of the claimant and only to the extent necessary to
687
                provide relief warranted by the claimant’s individual claim. If
688
                you prevail in arbitration you will be entitled to an award of
689
                attorneys’ fees and expenses, to the extent provided under
690
                applicable law. SMI will not seek, and hereby waives all rights
691
                it may have under applicable law to recover, attorneys’ fees and
692
                expenses if it prevails in arbitration.{" "}
693
              </p>
694
              <h2>Fees</h2>
695
              <p>
696
                Your responsibility to pay any AAA filing, administrative and
697
                arbitrator fees will be solely as set forth in the AAA Rules.
698
                However, if your claim for damages does not exceed $75,000, SMI
699
                will pay all such fees unless the arbitrator finds that either
700
                the substance of your claim or the relief sought in your Demand
701
                for Arbitration was frivolous or was brought for an improper
702
                purpose (as measured by the standards set forth in Federal Rule
703
                of Civil Procedure 11(b)).{" "}
704
              </p>
705
              <h2>Changes</h2>
706
              <p>
707
                Notwithstanding the provisions of the "Modification" section
708
                above, if SMI changes this "Dispute Resolution" section after
709
                the date you first accepted these Terms (or accepted any
710
                subsequent changes to these Terms), you may reject any such
711
                change by sending us written notice (including by email to
712
                www.client.com) within 30 days of the date such change became
713
                effective, as indicated in the "Last Updated" date above or in
714
                the date of SMI’s email to you notifying you of such change. By
715
                rejecting any change, you are agreeing that you will arbitrate
716
                any Dispute between you and SMI in accordance with the
717
                provisions of this "Dispute Resolution" section as of the date
718
                you first accepted these Terms (or accepted any subsequent
719
                changes to these Terms).{" "}
720
              </p>
721
              <h2>
722
                <b>General Terms</b>
723
              </h2>
724
              <p>
725
                These Terms constitute the entire and exclusive understanding
726
                and agreement between SMI and you regarding the Services and
727
                Content, and these Terms supersede and replace any and all prior
728
                oral or written understandings or agreements between SMI and you
729
                regarding the Services and Content. If for any reason a court of
730
                competent jurisdiction finds any provision of these Terms
731
                invalid or unenforceable, that provision will be enforced to the
732
                maximum extent permissible and the other provisions of these
733
                Terms will remain in full force and effect.{" "}
734
              </p>
735
              <p>
736
                You may not assign or transfer these Terms, by operation of law
737
                or otherwise, without SMI’s prior written consent. Any attempt
738
                by you to assign or transfer these Terms, without such consent,
739
                will be null. SMI may freely assign or transfer these Terms
740
                without restriction. Subject to the foregoing, these Terms will
741
                bind and inure to the benefit of the parties, their successors
742
                and permitted assigns.{" "}
743
              </p>
744
              <p>
745
                Any notices or other communications provided by SMI under these
746
                Terms, including those regarding modifications to these Terms,
747
                will be given: (i) via email; or (ii) by posting to the
748
                Services. For notices made by e-mail, the date of receipt will
749
                be deemed the date on which such notice is transmitted.{" "}
750
              </p>
751
              <p>
752
                SMI’s failure to enforce any right or provision of these Terms
753
                will not be considered a waiver of such right or provision. The
754
                waiver of any such right or provision will be effective only if
755
                in writing and signed by a duly authorized representative of
756
                SMI. Except as expressly set forth in these Terms, the exercise
757
                by either party of any of its remedies under these Terms will be
758
                without prejudice to its other remedies under these Terms or
759
                otherwise.{" "}
760
              </p>
761
              <p>
762
                The look and feel of the Services is copyright ©2015 Sagemath,
763
                Inc. All rights reserved. You may only duplicate, copy, or reuse
764
                any portion of the HTML/CSS, Javascript, or visual design
765
                elements or concepts under the terms of the GNU Affero General
766
                Public License, version 3, as stated at{" "}
767
                <A href="https://github.com/sagemathinc/cocalc">
768
                  {" "}
769
                  https://github.com/sagemathinc/cocalc{" "}
770
                </A>
771
                .{" "}
772
              </p>
773
              <h1>Contact Information</h1>
774
              <p>
775
                If you have any questions about these Terms or the Services,
776
                please contact SMI at{" "}
777
                <A href="mailto:[email protected]">[email protected]</A>.
778
              </p>
779
            </div>
780
          </div>
781
          <Footer />
782
        </Layout.Content>{" "}
783
      </Layout>
784
    </Customize>
785
  );
786
}
787

788
export async function getServerSideProps(context) {
789
  return await withCustomize({ context });
790
}
791

792
Real-time collaboration for Jupyter Notebooks, Linux Terminals, LaTeX, VS Code, R IDE, and more,
all in one place.

Product

Resources

Company

Real-time collaboration for Jupyter Notebooks, Linux Terminals, LaTeX, VS Code, R IDE, and more, all in one place.

Real-time collaboration for Jupyter Notebooks, Linux Terminals, LaTeX, VS Code, R IDE, and more,
all in one place.
