Mathesia Terms of Use

The following describes the terms applicable to the use of the mathesia.com website (the “Site”). Your use of the Site forms a legally binding contract with Mathesia srl (“Mathesia” or “us”) based on these Terms of Use. If you have registered as a Brainy (a specialist in applied mathematics), you will be bound to these Terms of Use as well as additional terms in any applicable Project-Specific Non Disclosure Agreement (NDA).
PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use the Site. Mathesia may revise these Terms of Use at any time by posting an updated version to this Web page.

1. The Site. This Site provides a service (“Service(s)”) whereby entities (“Pitchers”) with business, technical, engineering, scientific, logistical, or manufacturing problems whose solution requires a mathematical approach, may post such problems (“Mathesia Projects”) and offer a payment amount (each, a “Reward”) for solutions submitted by Brainies (the community of mathematics specialists) for a specific Mathesia Project via the website (“Proposed Solutions”), which the Pitcher deems acceptable (“Accepted Solutions”) based upon the structure of the project. Pitchers may be commercial enterprises, not-for-profit organizations, individuals or other entities. Each project type has differing levels of difficulty, and information required from Brainies. Some Mathesia Project Briefs only request limited information from Brainies, but others contain detailed criteria for Accepted Solutions, such criteria located in password-protected areas of the Site (“Project Rooms”). By using this Site, you acknowledge that Mathesia does not control in any manner the nature, quality, legality or timing of Mathesia Projects. You agree that Mathesia is a neutral forum for Mathesia Projects and Brainy Submitted Solutions.
   Mathesia desires to make your use of this Site enjoyable, and will endeavor to keep postings related to the results of Submitted Solutions and Reward paid as current as possible. However, we do not guarantee that the postings or content on this Site will be current at all times. Furthermore you understand that you may create a Proposed Solution for a Mathesia Project that may have a recently Accepted Solution, and for which the Reward has already been paid, and for which we have not yet updated the Site to reflect such payment.
2. Eligibility. The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with Italy or its citizens, you may not use this Site.
3. Brainy Registration. To be eligible to solve Mathesia Projects (as further described below) and access information in the Project Rooms, you must register as a Brainy and agree to the additional Non Disclosure Agreement set forth in the Project-Specific Brainy Agreement that may be applicable to individual Mathesia Project. You may cancel your registration at any time by contacting info@mathesia.com. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Brainy. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify Mathesia at info@mathesia.com of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).
4. Others’ Information. Mathesia does not guarantee the accuracy of the Site or ownership of any information in a Mathesia Project Brief or the availability of any Reward, unless otherwise stated in an Mathesia Project Brief. While Mathesia believes such information to be posted in good faith, Mathesia does not control the information provided by others that is made available through the Site. Other user’s information may be inaccurate. You agree to look solely to the Pitcher for any claims you may have regarding their information. If you have a dispute with another user of the Services, you hereby release Mathesia from all claims of any kind arising out of such dispute. If you are a California resident, you waive California Civil Code, Section 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.”
5. Your Information. You may have the opportunity to communicate with other users. Any information you provide to Mathesia or other users during your registration or use of the Services, in any public message area, through any mail feature, or otherwise generated out of your use of the Services, is subject to the following:
   1. Your Content. You are solely responsible for the content of your information, postings, or Submitted Solutions. Mathesia acts merely as a conduit for the distribution and/or publication of that information. Mathesia reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if Mathesia believes information is inappropriate for the Site or the Services, may create liability for Mathesia, or may cause Mathesia to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge: (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing. You may be asked to make legally binding warranties and representations to Mathesia and the Pitcher in relation to a Solution that you submit.
   2. Privacy. Mathesia will only use your information in accordance with its Privacy Policy as posted on the Site
      Mathesia Privacy Policy.
6. Additional Conditions Regarding Proposed Solutions. If you submit a Proposed Solution in response to an Mathesia Project Brief, you agree that you are the owner of the submitted Submitted Solution and that you are legally free to make the disclosure and to convey the intellectual property rights being offered to the Pitcher. You also agree that your Submitted Solution is subject to the additional terms and conditions in any applicable Non Disclosure Agreement or Project-Specific Agreement.
7. Payment. Payment of Rewards will be handled in accordance with the terms set forth in the Mathesia Project Brief. The conditions for qualifying for a particular Reward shall be as set forth on the Site in connection with that particular Mathesia Project Brief and Reward and may include a list of excluded solutions. The decision as to qualifying criteria and conditions and whether to accept a Proposed Solution is entirely within the discretion of the Pitcher. As a pitcher, you agree to pay 20% of the selected Proposed Solution Payment Reward as Mathesia fee within thirty (30) days. As a Pitcher, you agree to pay an additional 10% of the selected Proposed Solution Payment Reward in case you ask for the Mathesia experts’ support in managing the Project Brief.
8. Ownership and Limited License. Mathesia shall retain all ownership in the Site and all content generated by it that is displayed on the Site. Mathesia grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by Mathesia is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mathesia. Except as set forth in Section 8(b), this license does not include any copying or distribution, resale or commercial use of this Site or its contents; any collection and use of any project listings, descriptions, or Rewards; any derivative use of this Site or its contents; any downloading or copying of Project information for the use or benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mathesia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Project descriptions, images, text, page layout, or form) of Mathesia without express written consent. You may not use any meta tags or any other “hidden text” utilizing Mathesia’s name or trademarks without the express written consent of Mathesia. Any unauthorized use terminates the permission or license granted by Mathesia. You are Brainy granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mathesia.com so long as the link does not portray Mathesia, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Mathesia logo or other proprietary graphic or trademark as part of the link without express written permission.
9. Compliance with Rules. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the Services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and Mathesia expressly disclaims any liability or responsibility thereto.
10. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS”. MATHESIA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.
11. Limitation of Liability and Disclaimer. Mathesia has no control over, and is not responsible for the acts or omissions of Pitchers, or the quality or legality of the Proposed Solutions sought thereby. Mathesia does not warrant or guarantee the accuracy or completeness of any Mathesia Project Brief, nor endorse any Pitcher. MATHESIA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL MATHESIA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF €100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at Mathesia’s request defend Mathesia from, third party claims arising out of information you provide to Mathesia for publication or any breach by you of this agreement.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
12. Harmful Substances. PLEASE NOTE THAT UNDERTAKING WORK RELATED TO MATHESIA PROJECT BRIEFS POSTED ON THE SERVICE MAY REQUIRE THE USE OR SYNTHESIS OF BIOLOGICS OR CHEMICALS THAT COULD BE BACTERIALLY MUTAGENIC, TOXIC, CARCINOGENIC OR OTHERWISE HARMFUL TO YOU AND ANYONE ELSE THAT IS EXPOSED TO THEM, AND YOU UNDERTAKE THE CREATION OF SUCH PROPOSED SOLUTIONS AT YOUR OWN RISK.
13. Other Contracts, Confidentiality, and Indemnification. You agree that you will not disclose to Mathesia or its affiliates, or to any Pitcher, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the Pitcher related to any Mathesia Project, unless you are specifically working within the confines of a Project Room through the Site. All information in Project Rooms shall be deemed “confidential information” for purposes of this Section 13. Should your participation in the Service be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section 13, you agree to defend, indemnify and hold harmless Mathesia and Pitcher, its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.
14. Third-Party Web Site Links. The Site may contain links to Web sites operated by parties other than Mathesia. Such links are provided for reference only and Mathesia does not control such Web sites and is not responsible for their contents. Mathesia’s inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
15. No Third Party Reliance. You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Mathesia. This agreement shall have no third party beneficiaries, other than certain Pitchers in accordance with the terms of the applicable Non Disclosure Agreement or Project-Specific Agreement.
16. Copyright. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mathesia or its Pitchers and protected by Italy and international copyright laws. The compilation of all content on this site is the exclusive property of Mathesia and protected by U.S. and international copyright laws. All software used on this site is the property of Mathesia or its software suppliers and protected by Italy and international copyright laws.
17. Miscellaneous. This Agreement shall be interpreted in accordance with the laws of Italy and any legal proceeding arising out of this Agreement will occur in Milano, Italy. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Mathesia and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Mathesia with respect to the subject matter except as set forth herein. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law. The governing language of these Terms of Use, each Non Disclosure Agreement or Project-Specific Agreement, and the Privacy Policy is English.