a) The ClassDojo.com website and domain name and all other websites and domain names affiliated with Company, and any other linked pages, features, content, or application services offered from time to time by Company in connection therewith (collectively, the "Website") are owned or operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services described more fully on the Website ("Services"), that you select through the process provided on the Website, solely for your own, personal use, and not for the benefit of any third party. The term "Services" shall include, without limitation, any service Company performs for you and the content offered by Company on the Website. Company may change, suspend or discontinue all or any part of the Services at any time. Company also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement on a going forward basis at any time by posting a notice on the Website, or by sending you a notice via email, provided that such changes will only be effective upon the earlier of (a) your use of the Service with actual knowledge of the change, and (b) thirty days following the publication of the modified Agreement on the Website, and further provided that disputes arising hereunder shall be resolved in accordance with the version of the Agreement in place at the time the dispute arose. You shall be responsible for reviewing and becoming familiar with any such modifications.
b) You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract (or, if you are a minor, you have your parent's or legal guardian’s permission to use the Services, and that your parent or legal guardian has read and agrees to this Agreement on your behalf); (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. If you are accepting this Agreement on behalf of an institution, company or legal entity: (i) “you” includes you and that entity legal entity, and (ii) to the extent your legal entity has a separate written agreement with Company, that agreement will define the order of precedence between this Agreement and that separate agreement with respect to such entity, provided that you remain individually bound by these terms with respect to your use of the Services. You also certify that you are legally permitted to use and access the Services, and that you have the right to provide to Company any and all information and materials you submit to the Service, and you take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
c) You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Company collects limited personal information from students. If you are a student, please do not send any personal information about yourself to us, other than what we request from you when you are able to sign up for the Services. In the event that we receive notice that we may have collected personal information from a student under the age of 13 without parental consent, we will promptly investigate and take appropriate action. If you believe that a student under 13 may have provided us personal information inappropriately, please contact us at firstname.lastname@example.org.
a) Students: if you are a student accessing the Services at the invitation of a teacher or other school official, the following terms apply to you.
(i) Only those students who have been invited by their teacher, school, or district to use the Services may use the Services. You represent, warrant, covenant, and agree that you will not access or use the Services unless you are invited by a teacher, school, or district who is authorized to give you access to the Services.
(ii) You understand and acknowledge that the Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without verifiable parental consent (“Consent”). Persons who are 13 or younger are prohibited from using the Services without verifiable parental consent. By using Services, you represent and warrant that (a) you are over the age of 13 or (b) if you are under 13, you have provided Company your parent or legal guardian’s actual and current email address, and that any response sent to Company in response comes from your parent or legal guardian.
(iii) In general, most of the information that is provided to Company is provided directly by your teacher, school, or district. Some limited information may be provided to Company by you.
(b) Teachers: if you are a teacher, aide, or other similar personnel accessing the Services (defined below), on behalf of a school, school district, or other similar educational institution (the "Institution"), the following terms apply to you:
(i) You represent and warrant that you have permission from your Institution to enter into this Agreement and to use the Services as part of your curriculum.
(ii) If Company has contracted directly or indirectly with your school or district, you represent, warrant, and agree that your use of the Services is within the scope of the agreement between Company and your school or district.
(iii) You further understand and acknowledge that COPPA prohibits online service providers from knowingly collecting personally identifiable information from children under 13 years of age without Consent and you accordingly agree that children under the age of 13 may not use the Services in any way unless Company has obtained verifiable parental consent from the child’s parent or legal guardian. Company will not provide access to or use of the Services to students under the age of 13 that you invite to the Services if Company is unable to obtain verifiable parental consent.
(iv) Only teachers and staff members who are current employees of the Institution may use the Services on the Institution’s behalf. Upon termination of a teacher or other staff member's employment with the Institution, such individual must return and cease using all login details and student access he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you will notify Company immediately.
(c) Parents: if you are a parent of a Student that has been invited to use the Services then the following terms apply to you:
(i) If your child is under the age of 13, we will not provide access to the Services to your child without your verifiable consent, which Company obtains through the “Email Plus” method. If your child is under 13 and has an account on the Services without your consent, please send an email Company at email@example.com immediately including sufficient detail so that we investigate and respond accordingly. If your child is under the age of 18, you further agree to the terms of this Agreement on behalf of such child.
(ii) You will only use the parent page(s) provided to you by your child(ren) or child(ren)'s teacher(s). You agree not to access the account or information about anyone other than the child for whom the parent page was provided.
(iii) You further agree that Company and or teachers using the Service may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, and other similar means, in accordance with the preferences you set through the Services, and you agree to accept such messages.
(d) FERPA: certain information that may be provided to Company by teachers and other users, such as student directory information and performance metrics, may be considered an educational record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). If you are a parent or student, you hereby authorize and consent to Company storing and accessing such Education Records, and if you are a teacher, you represent that your school or district has obtained all necessary consents to share such Educational Records with Company, in each case, solely to enable Company’s operation of the Services from your parent, legal guardian, or other person authorized to provide such permission.
(e) Social media: company may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on certain supported third party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant Company permission to access and use your Linked Account for the purpose of processing your requests.
a) The Services and the contents of the Website, and all the software and technology used in the provision of the Services are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All such software and technology, and materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content")) are protected by copyright and other intellectual property laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
b) The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
c) You may download a single copy of the Content (and other items displayed on the Website for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content's copyright notice. You shall not link to the Website without Company's prior written consent, except in accordance with the terms of this Agreement.
e) Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any Content (including User Submissions) or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation or which would render Company in violation of any applicable laws or regulations, including without limitation COPPA and FERPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not 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 Company user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services. You may not transfer your account to anyone without express prior written consent of Company.
a) Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided "as is" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. To the greatest extent permissible pursuant to applicable law, the services, content, website and any software are provided on an "as is" basis, without warranties of any kind, either express or implied or statutory, 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.
b) In no event will company, its officers or directors be liable to you or any other party for any direct, indirect, special or other consequential damages arising out of or in connection with (i) your use of the service, site content, third party materials; (ii) the use or access of or inability to use or access the service or any content available through the service; or (iii) any interaction with ay third party through or in connection with the service, including other users, whether based in tort, contract or other legal theory, even if company is expressly advised of the possibility of such damages. In no event will company, its officers or directors be liable to you in the aggregate for any damages incurred in excess of the greater of any fees you have actually paid to company for use of the services in the six months prior to the events giving rise to the claim, or twenty five dollars ($25).
c) Applicable law may not allow for the limitation or exclusion of liability or incidental or consequential damages or the capping of overall liability, so the above limitations or exclusions may not apply to you. In such cases, you agree that because such warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and company, and are fundamental elements of the basis of the bargain between you and company, company’s liability will be limited to the maximum extent permitted by law. You understand and agree that company would not be able to offer the service to you on an economically feasible basis without these limitations.
As a condition to using Services, you may be required to register with Company and select a password and user name ("Company User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold Company, 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 or misuse of the Services, your violation of this Agreement (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including your User Submissions.
Access to the Services is currently free for general users, but in the future, we may offer special features (including, without limitation, exclusive Content and/or features) which Company may charge for. Therefore, Company reserves the right to require payment of fees for certain Services. If you want access to those Services, you shall pay all applicable fees for those Services, as will be described on the Website. Company reserves the right to change its price list for certain Services and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at firstname.lastname@example.org. Company may suspend or terminate your access to the Services, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
a) Generally: in the interest of resolving disputes between you and Company in the most expedient and cost effective manner, you and Company agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action.
b) Exceptions: notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
c) Arbitrator: any arbitration between you and Company will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company.
d) Notice; Process: a party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Company's address for Notice is: Class Twist, Inc., 735 Tehama St, San Francisco, CA 94103, United States of America. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Company shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Company in settlement of the dispute prior to the arbitrator’s award.
e) Fees: in the event that you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f) No Class Actions: you and company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g) Modifications: in the event that Company makes any future change to this arbitration provision (other than a change to the Company's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Company's address for Notice, in which case your account with Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
h) Enforceability: if only Subsection F of this Section 13 or the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 13 shall govern any action arising out of or related to these Terms.
a) General: Company respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Content.
b) User Content: if you upload User Content that contains any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, then you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and grant the rights granted herein. In addition to being grounds for removal of your User Content, termination of your account, and any other remedy Company may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability, the damages for which can be significant.
c) Copyright Owner Rights: if you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s Designated Copyright Agent with the following information in writing:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(iv) information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is Company’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, Company will promptly terminate without notice the accounts of Users that are determined by Company to be “repeat infringers.” If Company receives more than three takedown notices regarding a User’s User Content, then that User will be considered a repeat infringer and their account will be terminated.
d) Designated Agent: Company’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, Class Twist, Inc., doing business as ClassDojo, 735 Tehama Street, San Francisco, CA 94103, United States of America, or by electronic mail at email@example.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. To the extent any dispute arising from or relating to the subject matter of this Agreement is permitted to be brought in a court of law, such claim shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, and for all purposes of this Agreement, you and Company consent to the exclusive jurisdiction and venue of such courts. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
Effective: August 20, 2014