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Terms Of Service

Updated on August 30th, 2016 by Vlada Lotkina

TERMS OF SERVICE

Welcome to ClassTag! We are excited about the prospects of your class and you personally joining the ClassTag Community. ClassTag Inc. (“ClassTag”) owns and operates the services offered on classtag.com and any associated mobile applications or products and services that ClassTag may provide now or in the future (collectively, the “Services”).

Please review the following terms of service (“Terms of Service”) carefully. These Terms of Service, including any other guidelines and future modifications (collectively, the “Agreement”) govern your use of the Service and is a legally binding contract between you and ClassTag. By registering for an account on, or otherwise accessing or using ClassTag’s Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with ClassTag, that agreement governs your use of the Service. If you do not agree to all of these Terms of Service, do not use our Service.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED SEPARATELY.


What this means

By using or signing up for ClassTag, you agree to these terms.


THE SERVICE AND REGISTRATION

We do not allow people below the age of 18 to register accounts, or otherwise access or use the ClassTag Service; please see our Privacy Policy for further information. All other users are allowed to register an account and either create or request to join an existing class group on ClassTag as long as they have relationship (“Relationship”) to the class. Relationship is defined as being a parent, legal guardian or caregiver for children registered and attending the class, being a teacher, teaching assistant, school director / principal, PTA member in the school or other institution where the class group is established.

The Services available through our software application may be available to you on only a limited basis if you have not registered an account on ClassTag. In order to access certain features of the Services and to post any User Submissions (defined below) through the Services on a fully functional basis, you must register to create an account (“Registered Account”) and become a “Registered User”. As long as you are complying with all of the terms and conditions of this Agreement, 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 Services, you may encounter content from our sponsors as part of the Services. Our sponsorship agreements (collectively, the “Sponsorship Agreements”) with our sponsors help ensure that our Services are 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 Services 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 Services. 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, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. ClassTag reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable regulatory requests.

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct or misrepresentation. You can stop using our Service at any time, although we want to help you to get the best experience. We reserve the right to suspend or terminate your Registered Account at any time without notice or liability. 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 ClassTag’s Services (if any) due to inactivity or misrepresentation and / or maintain the class group while terminating your Registered Account in cases of misrepresentation and misconduct 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. Use of the Service is void where prohibited. You use the Service at your own initiative and are responsible to be in full compliance with any applicable federal, state or local laws. We may also impose limits on your use or access to the Service as required by law.


What this means

We want to make sure ClassTag is a safe and welcoming environment for everyone. Thus, you can use ClassTag as long as you as you follow these terms of use.


RIGHTS AND TYPES OF CONTENT

We differentiate between “ClassTag Content” and “User Submissions” both of which can be encountered in the process of using the Services.

ClassTag Content means, collectively, text, data, graphics, designs, images, illustrations, information, forms and look and feel attributes, our trademarks and logos and other content made available through the Services, including any technology or computer code (including source code or object code) making up the Services, excluding User Submissions. “User Submissions” mean the documents, files, text, data, graphics, images, photos, video or audiovisual content and any other content uploaded, transmitted or submitted by you and Registered Users via the Services.

ClassTag Content is protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submission that is provided and owned by users of the Service, all ClassTag Content is the property of ClassTag or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to ClassTag or its affiliates and/or third-party licensors. Except as expressly authorized by ClassTag, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the ClassTag Content. ClassTag reserves all rights to the ClassTag Content not expressly granted in this Agreement.

You retain full ownership of User Submissions that you have uploaded, transmitted and submitted. However, in order to allow ClassTag to provide the Service, you hereby grant to us a limited, non-exclusive, sub-licensable (as necessary to perform the Service), royalty-free, transferable (only to a successor), and worldwide right and license to (1) use, copy, store, distribute, publicly perform and display, modify, and create derivative works, (2) use any User Submissions that have been de-identified for any product development, research or other purpose, (3) use and disclose metrics and analytics regarding the User Submissions in an aggregate or other non-personally identifiable manner (including, to help improve ClassTag’s Services or in marketing and business development purposes). ClassTag will only share and use your personally identifiable information in accordance with our current Privacy Policy at https://www.classtag.com/public/privacy_policy.

You are solely responsible for the content of your User Submissions, your conduct and communications with others while using the Services. You represent and warrant that: you either are the sole and exclusive owner of all User Submissions or you have all rights necessary in and to  your User Submissions including posting, uploading, publishing, submitting or transmitting such submissions and our use of the User Submissions (or any portion thereof) by means of providing the Services. We do not guarantee that we will publish any of your User Submissions, and reserve the right to remove User Submissions from the Service at any time for any reason, such as if we receive a notice that a User Submission infringes a third party’s intellectual property rights therein. In order to provide you with a better experience, relevant features, offerings and updates when using our Services, we reserve the right to use automated systems to analyze your User Submissions (including emails) and provide you with a customized view of the Services and third party marketing or advertising directly to users.

All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. ClassTag cannot guarantee the identity of any other users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any third party resulting therefrom.


What this means

The content you and other users share on ClassTag belongs to the user who posted or otherwise communicated it. We are not responsible for the completeness and accuracy of this content. Please ensure you have all the necessary rights for using, re-using such content. ClassTag would like to use an automated system to analyze information you provide to improve and customize your experience.


Links

The Services 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.


What this means

We are not responsible for the links to any third-party providers which are posted on our website or applications.


PRIVACY

See our Privacy Policy at the link listed below for information and notices concerning our collection and use of your personal information. We take privacy very seriously and would welcome any questions should they arise. Please contact us at team@classtag.com. By accessing the Services you are agreeing to the terms of our Privacy Policy. If any conflicts exist between this Agreement and the Privacy Policy, then this Agreement shall prevail.


What this means

Please review our Privacy Policy and let us know if any questions arise.


FEES AND PAYMENT

The Services are 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 any of ClassTag Services on mobile devices, your carrier’s normal rates and fees still apply.


What this means

ClassTag is a free service and we will keep the basic functionality free. Charges for new / additional features may apply in the future.


SOCIAL MEDIA

ClassTag may incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third party services, such as social networks. If you choose to use features such as “Share”, “Like” or other similar functions, you grant ClassTag permission to access and use your account for the purpose of processing your requests. Your use of third party accounts is subject to the applicable third party terms.


What this means

In the future we might offer the ability to link or integrate third-party services into ClassTag Services and you would be able to use them should you decide to do so.


TERMINATION OF REGISTERED ACCOUNT

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your Registered Account at any time by deleting your Registered Account in your account settings tab or by contacting us at team@classtag.com. Upon termination of your Registered Account, your right to use the Services will immediately cease. However, ClassTag may retain User Submissions or other information pursuant to this Agreement as necessary. Account termination may result in destruction of any content associated with your Registered Account, so keep that in mind before you decide to terminate your Registered Account. ClassTag is also free to terminate (or suspend access to) your use of the Service or your Registered Account for any reason, including, your breach of this Agreement.

Special Note for Teachers and Educational Institutions: ClassTag is able to provide you services at minimal or no cost thanks to its generous sponsors who fund the class group created or joined by you for the duration of the school year. If you are a Registered User and a teacher, teaching assistant, school director / principal, or PTA member in the school or other institution where the class group is established, and you terminate your Registered Account during the school year (as defined by your school or institution) such that the class group(s) you created or joined would no longer be maintained or actively used by yourself or other representatives at your institution, you shall be deemed to have “Abandoned” such class group(s), As a result, ClassTag may require a reimbursement of all the funding provided by the sponsor(s) for the class group(s) you Abandon, including, but not limited to, the total amount of classroom donations received by you from ClassTag out of the proceeds of the sponsorship fees paid by a sponsor.


What this means

Any user, including those that created the class group and/or were invited to a class group, can terminate their Registered Account at any time. However, if you are a teacher or other representative of a school or educational institution where a class group is established, and you terminate your Registered Account during the school year and the class group is no longer using the Services, you or the institution you represent may be required to reimburse ClassTag or its sponsors for the cost of funding the established class group.


CONSENT TO RECEIVE PERIODIC COMMUNICATIONS

As part of the Services, ClassTag may send communications (such as emails, SMS and push notifications) to users of a class group. For example, upon new account registration, such new user will receive a welcome message, instructions on how to stop receiving messages, and information on new activity in the class groups and upcoming events. ClassTag may send general messages as well concerning its services. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM CLASSTAG, AND YOU REPRESENT AND WARRANT THAT EACH USER YOU INVITE AND/OR ADD TO A CLASS GROUP HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM CLASSTAG AS WELL AS FROM YOU AND ANYONE ELSE IN THE CLASS GROUP.


What this means

We would like to inform you that you may be receiving some messages from ClassTag and you will be able to turn them off.


MODIFICATION TO THIS AGREEMENT

We may modify this Agreement or our policies or guidelines to, for example, reflect changes in the law or changes to our Services. We will post notice of modifications to this Agreement on this page. Changes will not apply retroactively and will only become effective when (1) you use the Service after you know about the change, or (2) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Services, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you can discontinue your use of the Service.


What this means

Our terms of use may change and we will notify you and post updates to this page.


GENERAL RESTRICTIONS

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 law 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 registered users in that class.

Any violation of the above may be grounds for termination of your right to access or use the Service.


What this means

You agree to take proper care of your class group and ClassTag Services.


COPYRIGHT DISPUTE POLICY

Under the Digital Millenium Copyright Act (the “DMCA”), online service providers such as ClassTag have the right, but not the obligation, to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You can contact us at team@classtag.com should any issues arise.


What this means

Please only post content that you have the right to use


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 Services; what information you access via the Services; what effects the information may have on you; how you may interpret or use the information; or what actions 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 Services. The Services 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 Services, and ClassTag will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. ClassTag makes no representations or warranties regarding suggestions or recommendations of services or products (including information provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided on as“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 SERVICES, 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 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


What this means

There are no warranties relating to ClassTag services, but we will do our best to address any issues.


INDEMNITY

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 Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.


What this means

Please keep in mind that you are solely responsible for your use of ClassTag. If you don’t follow these Terms of Service and/or cause harm to anyone, it is your responsibility to resolve.


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 SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.


What this means

ClassTag is a tool to get you and your class community organized and connected, and we are not liable for anything that happens because of our Service.


CHOICE OF LAW AND ARBITRATION

This Agreement 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 this Agreement 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.


What this means

If there are any disputes regarding your experience on our Service or this Agreement, you are agreeing to arbitration (this means no jury trial or class-action lawsuits) to resolve any issues with ClassTag.


ENTIRE AGREEMENT

This Agreement constitutes the entire and exclusive understanding and agreement between ClassTag and you regarding the Services, User Submissions, Sponsorship Content and ClassTag Content, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between ClassTag and you regarding the Services, User Submissions, Sponsorship Content and ClassTag Content.


What this means

This Agreement is valid in its entirety


ASSIGNMENT

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. We may freely assign this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.


What this means

You cannot transfer these terms without prior notice.


CONTACT INFORMATION

If you have any questions regarding ClassTag, the Service, or this Agreement please contact us at team@classtag.com.

ClassTag © 2016

Last Updated: August 30, 2016.

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