Welcome to Class Of!
In order to access certain features of the Services and to post any Content through the Services, you will need to create an account ("Account") and become a "Member". If you are under the age of thirteen (13), you must have your parent or legal guardian create an Account for you before you can become a Member and use the Services.
During the registration process, you will be required to provide certain information and you will establish an email and a password. You agree to provide accurate, current and complete information during the registration process. Class Of reserves the right to suspend or terminate your Account if any information provided during the registration or sign up process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password and Account access. You are responsible for any activities or actions under your Account. You will immediately notify Class Of of any unauthorized use of your Account. Class Of is not responsible or liable for any activities and actions under your Account.
In order to access the Services, you must receive an access code from your School. If you are a parent or a student, your access to and use of the Services will be subject to privileges and restrictions set by your School and Class Of. If you have problems accessing a Class Of account set up with an access code we recommend you check with the School that provided you with the related access code. Class Of will have no responsibility to you or any other third party for your inability to access or use the Services related to such an account and disclaims any liability related thereto.
The following terms apply to school administrators, staff and teachers, regarding the School’s obligations related to the Services. The School is responsible for ensuring that its and any other user’s use of the Services under Class Of’s agreement with the School will not violate any applicable U.S., state, or foreign law or regulation, including without limitation, applicable background imageprivacy laws. The School will be solely responsible (and the School hereby agrees that Class Of is not responsible) for compliance with the Family Educational Rights and Privacy Act and the Child Online Privacy Protection Act (COPPA), including without limitation, by limiting access to the Services to those student users from whom the School has received valid consent forms and complying with all parental requests regarding the collection, use and disclosure of such parent’s child’s information. The School is responsible for disseminating parental consent forms to parents of potential student users, for confirming receipt of valid consent forms for each child before granting a parent and/or that parent’s child an access code for the Services, and for retaining such consent forms on file. The School must provide parent as users with the option to agree to the collection and use of such parent’s child’s personal information without agreeing to the disclosure of the information to third parties. If a parent as a user does not consent or rescinds such consent, the School shall immediately notify School to discontinue that child’s access to the Services and ensure that such child’s information is no longer accessible through the Services. In any case, however, School may provide any collected information to Class Of or its third parties who use it to provide support for the internal operations of Class Of’s products and services.
The School decides who has access to what information and Content and who can delete or modify the information and Content. The School is responsible for providing parent as users access to their child’s profile so the parent as a user may review, modify, or delete any student user’s information contained in the student user’s profile by allowing the parent to edit the child’s profile on the Services. The School (and not Class Of) is solely responsible for all consequences of the performance or non-performance of its obligations in this Section of the Terms; Class Of hereby disclaims any and all liability for the School’s failure to perform its obligations under the Terms or agreement.
Users may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials uploaded, downloaded, or otherwise available through the Services ("Content"), to be made available through our Services. You may not post Content that is libelous, defamatory, obscene, violent, abusive, or that violates a third party’s background imageproprietary and privacy rights or that otherwise violates any applicable law. You may not post Content that degrades, bullies, or harasses others on the basis of gender, race, class, ethnicity, national origin, sexual preference, disability or other classifications. Class Of does not control the Content posted by Users on the Services. You grant to all other users of the Services a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content for such Users’s personal and non-commercial purposes. You also grant Class Of and your School (including its related third party vendors, including but not limited to photographers and yearbook publishers) a nonexclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access any Content in connection with the Services and Class Of’s business, including, without limitation, publishing and redistributing Content in the School yearbooks.
You will be responsible for the Content that you make available through our Services. Accordingly, the Content that you make available through the Services or you have the right, license, or permission necessary to grant to Class Of the rights in such Content; and the Content you provide (and Class Of’s or your School’s use of that Content) will not infringe, misappropriate or violate a third party’s proprietary rights, or result in the violation of any applicable law or regulation.
Class Of respects copyright law and expects its users to do the same. Class Of has adopted and implemented a DMCA Compliance and IP Policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Your posting of or linking to any Content is subject to our DMCA Compliance and IP Policy.
Your School has the right to edit or remove any of your Content at any time for any reason in their sole discretion. If you dispute the editing or removal of any of your Content, you must contact your School for resolution of the dispute. Class Of disclaims any and all liability for such editing or removal and will not arbitrate any disputes over removal of your Content with you and your School.
Result of Termination. Except as specifically provided herein to the contrary, upon expiration or termination of this Agreement, the rights and licenses granted herein shall terminate.
Refunds will not be provided. All sales of our Products and Services are final. By purchasing our Products and Services, you are forgoing any right and remedy to any refund. Additionally, we do not provide credit, refunds, or prorated refunds for using our Products and Services.
BY CLICKING “AGREE” OR BEGINNING USE OF THE APP OR WEBSITE, OR ANY SERVICE ACCESSIBLE THROUGH THE APP OR WEBSITE YOU AGREE NOT TO:
We accept no liability for any civil fines or criminal sanctions arising from your operation of the App and Website.
Except where expressly provided otherwise by us, all comments, feedback, information and data submitted to us through, in association with or in regard to the App, Website and/or any other of our Products or Services ("Submissions") shall be considered non-confidential and our property. This may include copyright ownership of images which you may upload, but does include an express license to use said images in any method we see fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to us, you agree to assign to us, as consideration in exchange for the use of the App and Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant us these rights. We shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not us, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
We do not accept Submissions from persons under the age of 13 (“Child” or “Children”). Furthermore, we do not accept any user who is a Child without the consent of a parent or legal guardian. You are ineligible to use this App if you are under the age of 13 without the consent of a parent or legal guardian. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, background imagethat they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials, their parent or legal guardian hereby grants Class Of all rights to utilize the copyright and image/likeness embodied therein as further enumerated in this Agreement.
All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. Furthermore, we reserve the right to cancel or suspend your account, if in its sole discretion, it believes you are using Class Of or its property for improper purposes, or any purpose inconsistent with its business.
THE CLASS OF APP AND WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. CLASS OF DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CLASS OF APP. CLASS OF DISCLAIMS ALL WARRANTIES REGARDING ALL INFORMATION PROVIDED BY THE CLASS OF APP AND WEBSITE, INCLUDING: 1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND 2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CLASS OF DOES NOT WARRANT THAT THE SERVICE PROVIDED THROUGH THE APP OR WEBSITE WILL BE UNINTERRUPTED, SECURE, FREE OF ERRORS, FREE OF VIRUSES, FREE OF HARMFUL CODE, FREE OF OFFENSIVE CONTENT, OR EVEN OPERATE AT ALL. YOU ASSUME ALL RISK FOR ANY PROPERTY DAMAGE, INJURY, CIVIL PENALTY, CRIMINAL PENALTY, AND ALL OTHER TYPES OF LOSS THAT MIGHT RESULT FROM YOUR USE OR ACCESS TO THE APP AND THE INFORMATION PROVIDED TO YOU THROUGH THE APP.
YOU UNDERSTAND AND AGREE THAT SOME OF THE THIRD-PARTY SERVICES ARE NOTIFICATION, SIGNALING AND DETECTION PRODUCTS AND SERVICES. THOSE PRODUCTS AND SERVICES DO NOT ELIMINATE OCCURRENCES OF NEGATIVE OCCURRENCES OR EMERGENCIES. FURTHER, YOU UNDERSTAND AND AGREE THAT THE THIRD-PARTY SERVICES MAY NOT STOP, MINIMIZE, OR HELP IN THE EVENT OF SUCH OCCURRENCES OR EMERGENCIES. CLASS OF MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE) RELATED TO THE THIRD-PARTY SERVICES, OR THE EFFICACY OF THE THIRD-PARTY SERVICES.
BY CLICKING “AGREE” OR BEGINNING USE OF THE APP OR WEBISTE, OR ANY SERVICE ACCESSIBLE THROUGH THE APP OR WEBSITE YOU ARE AGREEING THAT YOU ARE USING THE APP AND WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL PROPERTY DAMAGE, PERSONAL INJURY, DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, OR TABLET DEVICE, AND LOSS OF DATA THAT RESULTS FROM YOUR USE, MISUSE, OR INABILITY TO USE THE APP OR WEBSITE.
Subject to the terms of this end-user license agreement (EULA), Class Of grants to you a limited, revocable, nontransferable, nonexclusive license for the use of App and Website, solely for use in conjunction with your personal, non-commercial purposes.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App and Website or make the App and Website available to any third party, (b) copy or use the App and Website for any purpose other than as permitted in the Section titled “Grant of License,” (c) use any portion of the App and Website on any device other than the one that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the App and Website, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App and Website. You may not release the results of any performance or functional evaluation of any of the App and Website to any third party without prior written approval of Class Of for each such release.
We reserve all rights not expressly granted to you in this EULA. The Products and Services are protected by copyright and other intellectual property laws and treaties. Class Of owns the title, copyright, and other intellectual property rights in App and Website. This EULA does not grant you any rights to any copyrights, trademarks or service marks of Class Of. There are no implied licenses in this EULA.
This EULA and the license granted hereunder are effective on the date you first use the App or Website and shall continue for as long as you use the App and Website, unless this EULA is terminated under this section. Without prejudice to any other rights, Class Of may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Class Of and cessation of the App and Website. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the App and Website and you must delete all copies of the App/remove yourself from the Website, but the terms of Sections 10, 13 – 24 will remain in effect, after any such termination.
Certain items of software included with the App and Website are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Class Of makes such Open Source Software, and Class Of’s modifications to that Open Source Software, available by written request to Class Of at the email address listed below.
You are being granted solely a revocable, limited license, in compliance with these terms
IN NO EVENT WILL CLASS OF BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER FORM OF LOSS) ARISING OUT OF OR RELATING TO YOUR USE OF, ACCESS TO, OR INABILITY TO ACCESS OR USE, THE APP. THIS INCLUDES ANY CLAIM ARISING FROM DAMAGE OR HARM TO YOU AS A RESULT OF THE THIRD-PARTY SERVICES OR THE APP, BASED ON ANY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CLASS OF ENTITY, SHAREHOLDER, OFFICER, OR AGENT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CLASS OF UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
CLASS OF HEREBY DISCLAIMS, AND YOU HEREBY DISCHARGE, WAIVE, AND RELEASE CLASS OF AND ITS AFFILIATES AND THIRD PARTY PROVIDES AND EACH OF THEIR MEMBERS, OFFICERS, DIRECTORS, AGENTS, AND REPRESENTATIONS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, DAMAGES, AND DEMANDS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE APP OR WEBSITE, OR YOUR USE OF THE APP AND WEBSITE.
IF YOU ARE A CALIFORNIA RESIDENT,TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
We will work in good faith to resolve any issue you have with the App and Website working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You agree to defend, indemnify and hold us and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or your placement or transmission of any User Submission or other content, message or information on this Services by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to us, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Neither us nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, disease, pandemic war, act of terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
The App, Website and all other web and mobile based platforms provided by us are our property. The source code, visual interfaces, graphics, designs, information, compilations, data, computer code, products, software, services, manuals, and all other elements of the App and Website are protected by intellectual property and other laws. Unless given the express consent by us, you are not permitted to make use of any of our protected materials. Further, elements of the App and Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part.
The Class Of trademark and/or other identifiers referenced herein are trademarks of Class Of and/or its affiliates, and may be registered in certain jurisdictions.
Please provide the following notice:
We may give notice to our users of any infringement notice by means of a general notice on any of our Services, electronic mail to a user's email address in our records, or by written communication sent by certified mail to a user's physical address which may be collected from School or otherwise. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
This Agreement and the relationship between you and us, and your use of the App, shall be governed by the laws of the State of Nevada, excluding its conflict of law provisions. If a lawsuit or court proceeding is permitted under these Terms, then you and Class Of agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Las Vegas, Nevada, for the purpose of litigating any dispute. We make no representation that the App, Website, or any other items are appropriate or available for use in your location.
The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by Class Of.
If you have any questions about these Terms or Use, please contact us at email@example.com.
The information on our App or Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your signed up). Please note that such errors, inaccuracies or omissions may relate to service description, pricing and availability. We apologize for any inconvenience this may cause you.
Version Date: June 1, 2020