"TeXscribe" means Creasys, LLC, a Limited Liability Corporation of the State of Pennsylvania;
"Intellectual Property Rights" include all intellectual property rights and industrial property rights throughout the world, including rights in respect of, or in connection with: (1) any Confidential Information; (2) copyright (including future copyright and rights in the nature of or analogous to copyright); (3) right of integrity, rights of attribution, and other rights of an analogous nature which may now exist or which may exist in the future (moral rights); (4) inventions (including patents); (5) trademarks; (6) service marks; and (7) designs; (8) whether or not now existing and whether or not registered or capable of registration and includes any right to apply for the registration of such rights and includes all renewals and extensions;
"Site" means www.texscribe.me or any other website or mobile application which is operated by Creasys, LLC, and includes the whole or any part of the web pages located at www.texscribe.me (including, but not limited to, any elements of design, underlying code, text, sounds, graphics, animated elements or any other content);
"User" or "you" means any User of this Site.
3. "Acceptance of Terms"
Please thoroughly and carefully read these terms before using the Services provided by TeXscribe and the Site. By accessing the site, viewing any content or using any Services available on the site (as described throughout) you are agreeing to be bound by these terms and conditions that govern our relationship with you in relation to the site. If you disagree with any part of the terms, then you may not access or use the site.
4. Description of Services
The Site is a service aimed at improving productivity of publishing technical and scientific research. Specifically, the Site and associated mobile applications render handwriting into LaTeX expressions for easy and simple integration into LaTeX documents. The Site also saves these expressions in a cloud database for persistent access via mobile applications and web clients.
Your access to, and use, of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance, or repair of the Site, or any other reason within or outside the control of TeXscribe or Creasys, LLC. TeXscribe reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. TeXscribe may also impose limits on certain features and Services or restrict your access to parts of, or all of, the Site and the Services without notice or liability. TeXscribe has no liability for any of the hereinabove occurrences.
TeXscribe has a right to prohibit your use of the Site for any reason or no reason.
5. Registration and Your Account
As a condition to using the Services, you are required to open an account with TeXscribe, provide your Username, a valid email address, and select a password ("Registration Data"). The Registration Data you provide must be accurate, complete, and current at all times, as TeXscribe may send important notices about your account or the Services to the email address linked to your account. Failure to provide accurate, complete, and current Registration Data at all times constitutes a breach of the Terms, which may result in immediate termination of your TeXscribe account and takedown of all Content you posted on the Site.
You may not use as a Username the name of another person or entity, a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene
Services are available only to individuals who are either: (1) at least 18 years old, or (2) at least 13 years old and authorized to access the Site by a parent or legal guardian. Services are not available to Users under the age of 13 years old. If you are a parent or legal guardian and have authorized a minor about the age of 13 years old to use the Site, you are responsible for the online conduct of such minor and the consequences of any misuse of the Site by the minor.
The Services are for use by individuals who are students and/or researchers interested in improving the workflow for publishing technical content.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect TeXscribe's systems and customers, to ensure the integrity and operation of TeXscribe's business and systems, or to perform analytics on the Site, TeXscribe may access and disclose any information from your account it considers necessary or appropriate, including, without limitation, User profile information (i.e., Username, or email address), IP addressing and traffic information, usage history, and posted content. You consent to such disclosure and agree that TeXscribe's right to disclose any such information as described above shall govern over any contrary terms in any agreement or policy of TeXscribe.
If you do not qualify for registration you are not permitted to open an account or use the Services. TeXscribe reserves the right to refuse service to anyone at any time, with or without cause, in its sole discretion.
6. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your TeXscribe account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. TeXscribe endeavors to use reasonable security measures to protect against unauthorized access to your account and to any Content you post to the Site. TeXscribe cannot, however, guarantee absolute security of your account, your Content, or the personal information TeXscribe collects, and TeXscribe cannot promise that TeXscribe's security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify TeXscribe of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to TeXscribe.
7. Use of User Information
In the event that you at any time obtain access to any TeXscribe User information, whether directly from TeXscribe or otherwise, including Usernames and emails (collectively, "User Information"), you agree that you may not use any such User Information in any manner except as may be specifically authorized by TeXscribe to carry out the purpose for which such User Information was provided to you. Without limiting the foregoing, you may not share such User Information with any third parties or use it for any marketing purposes of any kind. In no event will TeXscribe be obligated to provide you with any such User Information. You agree that this provision shall apply both during and after the term of your use of the Site.
8. User Conduct
All Content posted or otherwise submitted to the Site is the sole responsibility of the User from which such Content originates and you acknowledge and agree that you are entirely responsible for all Content that you post, or otherwise submit to the Site. Creasys, LLC does not control User submitted Content, and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent, or otherwise personally objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by TeXscribe. By way of example, and not as a limitation, you agree not to use the Services:
to abuse, harass, threaten, impersonate, or intimidate any person;
to post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, offensive, obscene, profane, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or that infringes any copyright or other right of any person;
to post Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
to post Content that, in the sole judgment of TeXscribe, is objectionable, harmful, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TeXscribe or its Users to any harm or liability of any nature;
to post Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
to promote or sell Content of another person;
for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TeXscribe User;
to post private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
to create or transmit unwanted "spam" to any person or any URL;
to advertise to, or solicit, any User, through comments, messages, or otherwise, to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
to post copyrighted, trademarked, or patented Content that does not belong to you;
to post Content that is viruses, corrupted data, or other harmful, disruptive, or destructive files;
to engage in political campaigning;
to sell or otherwise transfer your profile;
to complete, or attempt to complete, any commercial transaction between Users outside of the Site;
to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
take any action that imposes, or may impose, in the sole discretion of TeXscribe, an unreasonable or disproportionately large load on TeXscribe infrastructure;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass any measures we may use to prevent or restrict access to the Site.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement, which is addressed under "Copyright Complaints" below) please send a written notice to TeXscribe at the following email address: firstname.lastname@example.org
You are liable for any and all damages resulting from any violation or breach of this Agreement by you.
9. Content Submitted or Made Available for Inclusion on the Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. You retain the copyright in any Content you post on the Site. TeXscribe NEITHER HAS NOR WANTS ANY OWNERSHIP OF YOUR CONTENT. However, by uploading and/or posting any Content to the Site, you grant TeXscribe a non-exclusive, non-transferable, worldwide, perpetual, and royalty-free license (with the right to sublicense) to use the Content and the information, including name, that is submitted in connection with such Content, as is reasonably necessary to display the Content, provide the Services and to facilitate, at Content Owner's direction, the license of Content or the sale of Products on the Site, without obtaining permission or license from any third party.
You understand and acknowledge that any Content contained in public postings or galleries, will be accessible to the public and could be accessed, indexed, archived, linked to, and republished by others including, without limitation, appearing on other websites and in search engine results. Therefore, you should be careful about the nature of the Content you post. TeXscribe will not be responsible or liable for any third party access to, or use of, the Content you post.
In consideration of TeXscribe's agreement to allow you to post Content to the Site, TeXscribe's agreement to publish such Content, and for other valuable consideration, the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with TeXscribe as follows:
You acknowledge that:
by uploading your mathematical expressions to TeXscribe you retain full rights to those works that you had prior to uploading;
by posting Content to the Site you hereby grant to TeXscribe a non-exclusive, non-transferable, worldwide, perpetual, and royalty-free license (with the right to sublicense) to use the Content and the information, including name, that is submitted in connection with such Content, as is reasonably necessary to display the Content, provide the Services and to facilitate, at Content Owner's direction, the sale of Products on the Site, without obtaining permission or license from any third party. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
the license granted to TeXscribe includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, websites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e., Username, descriptions, tags, and other accompanying information), if any and as appropriate, all as submitted to TeXscribe by you;
TeXscribe makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent; and
subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
You represent and warrant that:
you are the owner of all rights, including all copyrights, in and to all Content you submit to the site;
you have the full and complete right to enter into this agreement and to grant to TeXscribe the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to, any other person in connection with the use by TeXscribe of the Content as contemplated herein;
the Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights, or any other right of any person, or violate any law or judicial or governmental order; and
you shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against TeXscribe, all of which such rights are hereby expressly and irrevocably waived by you in favor of TeXscribe.
10. Copyright and Limited License
The Site and all images, text, code, and other materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of TeXscribe or its licensors or Users and are protected by United States and international copyright laws.
TeXscribe grants you a limited, non-sublicensable, revocable license to access and use the Site solely in accordance with, and subject to, these Terms and any other applicable terms or agreements you may enter into with TeXscribe. Except as otherwise expressly permitted in writing, the license does not include, and you agree to refrain from:
the collection, copying, or distribution of any portion of the Site or the Site Materials;
any resale, commercial use, commercial exploitation, distribution, public performance, or public display of the Site or any of the Site Materials;
modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
scraping or otherwise using any data mining, robots, or similar data gathering or extraction methods;
with the exception of your own Content, or others' Content available for purchase and download, the downloading of any portion of the Site, the Site Materials, or any information contained therein; or
any use of the Site or the Site Materials other than for their intended purposes.
Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of TeXscribe or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
11. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, TeXscribe has adopted a policy of terminating, in appropriate circumstances and at TeXscribe's sole discretion, account holders who are deemed to be repeat copyright infringers. TeXscribe may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Copyright Complaints
TeXscribe respects the intellectual property rights of others. It is TeXscribe's policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement ("Infringement") of any person. TeXscribe will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify TeXscribe of a possible Infringement, you must submit a notice of such Infringement in writing to TeXscribe at the email address: email@example.com
Include in your notice a detailed description of the alleged Infringement sufficient to enable TeXscribe to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the User who posted the affected Content. If you feel that your Content is not infringing, you may provide TeXscribe with a counter notice in writing to TeXscribe's Designated Agent at TeXscribe. You must include in your counter notice sufficient information to enable TeXscribe to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain as to whether an activity constitutes Infringement, we recommended seeking the advice of a professional attorney licensed to practice law.
This page was last updated on 8/23/2015.