- Access to and use of the Site
- Claims of Copyright Infringement
A. Access to and use of the Site
- As long as you comply with the Terms, MathWorks grants you a non-exclusive, non-transferable, limited authorization to access and use the Site, pursuant to the licensing option you have acquired.
- You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivate works from, frame, mirror or otherwise exploit any part of the Site unless explicitly permitted by MathWorks.
- Any and all Content and Services are protected by copyright and other intellectual property laws. MathWorks and its licensors reserve all rights not expressly granted in and to the Site and the Content. “Content” includes the data, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and all other materials you may view on, download, use, access through, or contribute to the Site. "Service" means the online, web-based applications and platform provided by MathWorks via http://thingspeak.com, including associated offline components.
- The Site may contain links to third party websites that are not owned or controlled by MathWorks. MathWorks has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party website. By using the Site, you expressly release MathWorks and its affiliates from any and all liability arising from your use of any third party content or website.
- In order to access some features of the Site, you will need a MathWorks or ThingSpeak Account (your “Account”). You may not use another person's Account. You must provide and maintain current, accurate, and complete information throughout the duration of your open Account. You are solely responsible for the activity that occurs under your Account, and for keeping your Account login information secure. You must notify MathWorks immediately of any breach of security or unauthorized use of your Account. Your contact information and any other information provided by you must be complete and accurate. This information may be displayed on the Site and may be used by other Site users and MathWorks to communicate with you. You may not attempt to impersonate another user or any other party.
- You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to upload (except for the purpose of creating an Account), collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments) for any commercial solicitation purposes.
- You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or your or anyone else’s Account, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content. You agree not to use the Site in any manner that could damage, disable, overburden, or impair any MathWorks systems, interfere with any other party's use of the Site, or violate the legal rights of any other party. You agree not to attempt to gain unauthorized access to any feature of the Site or other accounts.
- If you breach any of these Terms, your authorization to use the Site automatically terminates. MathWorks reserves the right to temporarily suspend or permanently terminate your access to any or all areas on the Site in its sole discretion. MathWorks reserves the right to discontinue any aspect of the Site at any time, or place limits on the amount of available data storage or computation.
- Guidelines for Submitting and Using Content.
- You represent and warrant that you are the owner of any Content submitted by you, and that you control the rights to or have received all necessary consents to submit, such Content. Content that you submit must not violate or infringe on any patent, copyright, other intellectual property right, or any other right of any third party. You understand that you, and not MathWorks, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Site. You understand and agree that MathWorks may retain server copies of your Content that have been removed or deleted.
- Content that you submit must not directly compete with products or services offered by MathWorks.
- Content that you submit must be offered free of charge. Certain license options require that you not use the Site to sell or market your products or services to others.
- Content that you submit must not (a) infringe or violate any copyright, trademark, or other right of any other person or entity; (b) be libelous, defamatory, abusive, threatening, harassing, offensive, or otherwise violate any law; (c) be malicious or destructive in nature, or contain a virus, Trojan horse, worm, or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information; or (d) contain any personally identifiable information of an individual, other than Content submitted for the purpose of creating an Account.
- You are solely responsible for compliance with any applicable laws, rules and regulations, including without limitation any applicable export control laws and regulations, with regard to Content that you submit, use, download, import, export or re-export.
- The Site may contain public channels, private channels, and/or forums for your Content. Private channels are intended to be accessible only via your Account. Public channels may be visible to any user accessing the Site.
- By submitting Content to the public channels and/or forums of the Site, you hereby grant to MathWorks, its affiliates, and all other Site users a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, make available to the public, prepare derivative works of, cache, store, display and perform the Content in connection with the Site and MathWorks’ (and its affiliates') business, as permitted through the functionality of the Site, and to allow others to do so. Further, you hereby expressly grant MathWorks and its affiliates license to use, access and preserve your Content and/or any data associated with your Account (1) if required to so by law, (2) if required to enforce any part of these Terms, or (3) to detect, prevent or resolve any fraud, security, or technical issues.
- You must retain all author attributions, and copyright and other proprietary or legal notices contained within the Content.
- MathWorks has no obligation to monitor the Content. However, MathWorks reserves the right, in its sole discretion, for any reason and at any time, to refuse to post any Content or remove any Content from the Site.
- The Site contains Content posted by persons other than those employed by MathWorks. MathWorks does not control the Content posted by visitors to the Site and does not guarantee the accuracy, integrity, or quality of any Content. Views expressed on the Site by visitors to the Site are not endorsed by MathWorks. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MathWorks be liable in any way for any Content, whether or not authored by MathWorks, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any Content available via any link or any Content posted, e-mailed, transmitted or otherwise made available via the Site.
- You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, you are not authorized to use the Site.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by MathWorks without restriction.
- You agree that your use of the Site shall be at your sole risk. You assume total responsibility and risk for your use of the Site. The Site, including without limitation any information that is provided by MathWorks or MathWorks employees, is provided “as is”. To the fullest extent permitted by law, MathWorks, its officers, directors, employees, agents and affiliates disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement, in connection with the Site and your use thereof. MathWorks and its affiliates make no warranties or representations about the accuracy or completeness of the Site's Content or the content of any website linked from the Site, and assume no liability or responsibility for any (i) errors, mistakes or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site; (iii) any unauthorized access to or use of MathWorks’ servers and/or any and all information, including personal information, stored therein; (iv) any interruption or cessation of transmission to or from the Site; or (v) any loss of any kind incurred as a result of your use of the Site. The Site is not fault-tolerant and is not designed, manufactured, or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, equipment used to operate nuclear facilities, aircraft or vehicle navigation, communication, or control, direct life support machines or weapons systems, in which the failure of the service could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Uses”). YOU UNDERSTAND THAT THE SITE, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS OR SERVICES, IS NOT CERTIFIED FOR HIGH RISK USES OR AS AN EMERGENCY NOTIFICATION SYSTEM. YOU AGREE THAT YOU WILL NOT RELY ON THE SITE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.
- In no event shall MathWorks, its officers, directors, employees, agents and affiliates, be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from your use of the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not MathWorks is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall MathWorks’ or its affiliates’ aggregate liability arising out of or related to these Terms, whether in contract, tort or under any other theory of liability, exceed US one hundred dollars ($100.00 USD), for the Site with respect to which the liability in question arises.
- You waive any legal or equitable rights or remedies you have or may have against MathWorks with respect thereto and, to the extent permitted by applicable law, agree to indemnify and hold harmless MathWorks, its officers, directors, employees, agents and affiliates to the fullest extent allowed by law from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys' fees) arising from: (i) your use of and access to the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation copyright, property or privacy right; (iv) any claim that your Content caused damage to a third party; or (v) your violation of any applicable law. This indemnification obligation shall survive any expiration or termination of these Terms and/or your use of the Site.
- These Terms shall be interpreted, enforced and construed, and the rights of the parties hereunder governed, in all respects by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflicts of law provisions. To the extent any governing law, treaty, or regulation is in conflict with these Terms, the conflicting terms of these Terms shall be superseded only to the extent necessary by such law, treaty, or regulation. If any provision of these Terms shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible. Any controversy, dispute or claim arising out of or relating to these Terms or your use of the Site (including any claim involving MathWorks, its licensors, or its or their affiliates, subsidiaries, employees, contractors, officers or directors) shall be settled by arbitration by a single arbitrator in the greater Boston metropolitan area pursuant to the Commercial Arbitration Rules then in effect of the American Arbitration Association. The award made in such arbitration shall be entered in any court having jurisdiction thereof. The arbitrator shall have no power to alter, amend, revoke or suspend any of the provisions of this Agreement. Except to the extent required by law, no party, arbitrator, representative, counsel or witness shall disclose or confirm to any person not present at the arbitration hearings any information about the hearings, including the names of the parties and arbitrators, the nature and amount of the claims, the financial condition of any party, the expected date of hearing or the award made. Solely for the purpose of applying for an order confirming, modifying, correcting or vacating the award, you consent to the jurisdiction of the federal and state courts located in said Commonwealth and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. You and MathWorks agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff of class member in any purported class, representative or private attorney general proceeding. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- These Terms, and any other terms, policies or documents incorporated herein by reference, including without limitation any other policies and statements provided on http://thingspeak.com, contain the entire understanding between you and MathWorks and may not be modified or amended except by MathWorks’ posting of a revision on its website.
- Notices to MathWorks under these Terms shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial delivery services, or by certified or registered mail, return receipt requested, to: The MathWorks, Inc., 3 Apple Hill Dr., Natick, MA. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in MathWorks’ discretion.
D. Claims of Copyright Infringement
- If you believe your work has been copied in a way that constitutes infringement and appears on the Site, provide the following information in writing to MathWorks’ Copyright Agent at the address below (consult your legal counsel to confirm these requirements):
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Upon receiving your notification containing the information listed above, MathWorks shall (1) remove or disable access to the material alleged to be infringing; (2) forward the written notification to the alleged infringer; and (3) take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
- If you have received notice from MathWorks that material you have posted is alleged to be infringing and believe that such material is the wrongful subject of a copyright takedown notice, you may file a counter notification with MathWorks by providing the following information in writing to MathWorks’ Copyright Agent at the address below (consult your legal counsel to confirm these requirements):
- Your electronic or physical signature;
- A description of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which MathWorks may be found, and that you will accept service of process from the person who provided the infringement notification, or an agent of such person.
- Upon receiving a counter notification containing the information listed above, MathWorks shall (1) promptly provide the complaining party with a copy of the counter notification; (2) inform that complaining party that MathWorks will replace the removed material or cease disabling access to it within ten (10) business days; and (3) replace the removed material or cease disabling access to it within ten (10) to fourteen (14) business days following receipt of the counter notification, provided MathWorks’ Copyright Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the allegedly infringing material accessible on the Site.
- For clarity, only claims of copyright infringement should be sent to the Copyright Agent noted below. Other inquiries regarding the Site should be sent to firstname.lastname@example.org.
MathWorks Copyright Agent:
Attn: MathWorks Copyright Agent
The MathWorks, Inc.
3 Apple Hill Dr.
Natick, MA 01760