TERMS OF SERVICE
Last revised: July 4, 2019
Welcome to ClassTag! We are excited about the prospects of your class and you personally joining the ClassTag community. ClassTag Inc. (“ClassTag”, “we” or “us”) owns and operates the classtag.com website and any ClassTag mobile application (collectively, the “Service”).
Please read these Terms of Service (“Terms”) carefully. By accessing, browsing and/or using the Service or downloading, installing and/or using any ClassTag mobile application, you acknowledge that you have read, understand and agree to be bound to these Terms. If you do not agree with these Terms, then please cease using the Service immediately and you must uninstall the any ClassTag mobile application from any device owned or controlled by you.
If you are using the Service on behalf of a school that has a separate written agreement with ClassTag, that agreement governs your use of the Service.
THE SERVICE AND REGISTRATION
You must be 18 years of age to use the Service. By accessing or using the Service, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with these Terms. Anyone under the age of 18 who accesses the Service in violation of these Terms will be banned from using the Service and may be the subject of additional action by ClassTag. It is your responsibility to confirm that use of the Service is permissible under the applicable laws and regulations where you make use of the Service. If any applicable laws or regulations prohibit your use of the Service, you may not use the Service. We may also impose limits on your use of or access to the Service for any reason.
A user is allowed to register an account and either create or request to join an existing class group on ClassTag as long as such user has a relationship (“Relationship”) to the class. Relationship is defined as being a parent, legal guardian or caregiver for a student registered and attending the class, being a teacher, teaching assistant, school director / principal, PTA member in the school where the class group is established. The Service may be available to you on only a limited basis if you have not registered an account. In order to access certain features of the Service and to post any User Submissions (defined below) through the Service on a fully functional basis, you must register to create an account (“Registered Account”). As long as you are complying with these Terms, ClassTag gives you permission to access and use the Service that you select through the applicable registration process. The Service is available for your personal, noncommercial use only. While you are using or accessing the Service, you may encounter content from our sponsors as part of the Service. Our sponsorship agreements (collectively, the “Sponsorship Agreements”) with our sponsors help ensure that the Service is available at minimal or no cost to you. Pursuant to these Sponsorship Agreements, you may find our sponsors’ names, logos, advertisements, promotions, or other information embossed, displayed, or included in classroom spaces, communications, events, and supplies, including, by way of example and not as a limitation, books, computers, class trips, stationery, written correspondence, email communications, text message communications, etc. (“Sponsorship Content”). While ClassTag strives to ensure that its platform provides a safe and welcoming environment for its users, by using the Service you agree that you will not object to any Sponsorship Content or the provision thereof for any reason, or request changes to the Sponsorship Content or the provision thereof as a condition of using the Service. We take no responsibility for the Sponsorship Content. In the process of registering your account you will be selecting a password and providing your name and a valid email address. You will provide ClassTag with accurate, complete, and updated registration information. You may not (1) select or use the name or email of another person with the intent to impersonate that person; or (2) use a name subject to any rights of any person other than you without appropriate authorization. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without prior written consent of ClassTag. Violation of any of the foregoing may result in immediate termination of your account, suspension of your access to or revocation of your ability to use the Service, and be the subject of additional action by ClassTag. ClassTag reserves the right, but will have no obligation, to investigate your use of the Service for any reason. You can stop using the Service at any time. We are constantly changing and improving the Service and may add or remove functionalities or features. ClassTag reserves the right to terminate or suspend your license to use all or any portion of the Service and your other rights under these Terms at any time and for any reason, including, but not limited to, violation of these Terms. Upon such termination, all license and other rights granted to you under these Terms will immediately terminate, but all other provisions of these Terms will survive termination. You will immediately cease all use of the Service and any Registered Account with the Service and remove and destroy all copies of any ClassTag mobile application(s) from your mobile devices. We may further bar access to the Service and your Registered Account and delete any and all information associated with your Registered Account.
You agree to immediately notify us of any unauthorized use of your Registered Account. We are not liable for any damages or losses caused by someone using your Registered Account without your permission. We also reserve the right to terminate the class group you have created using the Service (if any) due to inactivity or misrepresentation and/or maintain the class group while terminating your Registered Account for any reason at any time without prior notice or liability to you. The Service or some aspects thereof may not be available in all languages or in all countries. We make no representation that the Service is available or permitted in any particular location. You use the Service at your own initiative.
RIGHTS AND TYPES OF CONTENT
All content included on the Service, including information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags, compilations of the foregoing and/or other materials accessible through the Service, including all associated intellectual property rights, (the “ClassTag Content“) is the property of ClassTag and/or its licensors, as applicable, and protected by United States and international intellectual property and other laws and treaties. Except as expressly permitted under these Terms, no reproduction, transmission, modification or display of any ClassTag Content is permitted without our prior, express written permission.
The Service allows the submission of information, content and materials by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions (“Your Content”) and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and warrant that (1) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize ClassTag to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Service and these Terms; and (2) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Service and these Terms. For clarity, you shall retain all of your ownership rights in Your Content. ClassTag assumes no responsibility whatsoever in connection with or arising from User Submissions. ClassTag assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time ClassTag chooses, in its sole discretion, to monitor User Submissions, ClassTag nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting User Submissions. Further, ClassTag does not endorse and has no control over the content of User Submissions submitted by other users. ClassTag makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ClassTag. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any applicable law or regulation.
ClassTag and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respond to notices of alleged copyright infringement in compliance with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. ClassTag shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim attributable to the Service.
If you believe that your content or work has been made available through the Service in a way that constitutes copyright infringement, please provide ClassTag’s Agent for Notice of Copyright Claims with the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (3) a description of the material that you claim is infringing and where that material may be accessed within the Service; (4) your address, telephone number and email address; (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (6) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Agent for Notice of Copyright Claims can be reached by emailing us at email@example.com.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products, or services from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
FEES AND PAYMENT
The Service is provided to you at no cost to you at this time, but in the future, we may offer new or additional special features which ClassTag may charge for you to use. Please also be aware that if you are accessing the Service on mobile devices, your carrier’s normal rates and fees still apply.
TERMINATION OF REGISTERED ACCOUNT
The communications between you and ClassTag use electronic means, including use of the Service, communications via email, text message or push notification, and/or whether we post notice on the Service. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard copy writing. The foregoing does not affect your non-waivable rights.
We do our best to keep ClassTag safe and secure, but we cannot guarantee it. We need your help to keep your class group safe, which includes the following commitments by you when using our Service:
1. You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
2. You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy.
3. You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.
4. You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
5. You will not upload viruses or other malicious code, files or programs.
6. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
7. You will not collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable laws or regulations.
8. You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
9. You will not post content that: is hate speech, discriminating, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
10. You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
12. You will not impersonate a ClassTag employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
13. You will not delete or render unusable the class on ClassTag without permission and consent of other active users in that class.
Any violation of the above may be grounds for termination or suspension of your right to access or use the Service or your Registered Account.
WARRANTY AND DISCLAIMER
ClassTag has no special relationship with or fiduciary duty to you. You acknowledge that ClassTag has no control over, and no duty to take any action regarding: which users gain access to the Service; what information you access via the Service; what effect the information may have on you; how you may interpret or use the information; or what action you may take as a result of having been exposed to the information. You release ClassTag from all liability for you having acquired or not acquired information through the Service. The Service may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. ClassTag makes no representations concerning any information contained in or accessed through the Service, and ClassTag will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. ClassTag makes no representations or warranties regarding suggestions or recommendations of services or products (including information provided by publishers) offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind from ClassTag or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICE, INFORMATION, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify and hold ClassTag, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Service, use of the Service, your violation of these Terms, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL CLASSTAG OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (1) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU TO CLASSTAG HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (2) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (3) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; OR (4) FOR ANY MATTER BEYOND CLASSTAG’S REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
CHOICE OF LAW AND ARBITRATION
These Terms will be governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms will be finally settled in small claims court or by arbitration in New York, New York or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these Terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
These Terms constitute the complete and exclusive statement of the agreement between ClassTag and you with respect to the subject matter hereof and supersede any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms.
If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of these Terms.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under these Terms to another party without the express written consent of ClassTag.
You represent and warrant that you are not (1) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
If you have a question or complaint regarding the Service, please feel free to contact us by email us at firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.