These Terms of Service describe the rights and obligations between Classtime Inc. ("Classtime", "we", "us") and you (collectively, "Parties" and individually, "Party") with respect to:
By visiting the Website and/or using the Services, you agree to these Terms of Service. If you do not agree to these Terms of Service in full and without reservation, you may not visit the Website and/or use the Services.
Furthermore, by visiting the Website and/or using the Services, you confirm that you have reached the legal minimum age for consent to these Terms of Service or, if this is not the case, that your legal representatives (e.g. parents) have given their consent.
Classtime's Services are offered in different models (the "License Models"; in principle, a distinction is made between free and paid Services). Classtime may offer new license models and discontinue existing ones at any time.
As long as you fully comply with these Terms of Service, Classtime grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide right to use the Services within the scope of the relevant License Model. The scope of the various License Models is shown on the Website or will be directly communicated to you.
The prices for the paid Services are shown on the Website or will be directly communicated to you. Prices are stated exclusive of any taxes and duties applicable in the relevant jurisdiction, including but not limited to value-added, consumption, sales, or other taxes, fees, charges, or costs imposed on the sale of our services. Such taxes and duties will be additionally charged to you.
The Services are payable by credit card, are invoiced or are to be settled by any other means of payment offered by Classtime. If payment is made by credit card, the charge will be made at the time of the final selection of Services. Invoices are due 30 calendar days after the invoice date. If transaction fees are charged by your bank/payment provider, you agree to bear these transaction fees alone.
You also agree to pay all collection costs (including legal fees) for any outstanding amounts.
In the case of paid Services, the contract period corresponds to the license period (month, quarter, year, etc.) agreed upon when registering and selecting the License Model. The contract period is automatically and seamlessly extended by a further period of the same length if you do not terminate the contract before it expires.
In the case of free services, you can deactivate your account at any time, which is equivalent to you terminating the contract.
Classtime may terminate the contractual relationship at any time and with immediate effect for good cause. Good cause includes, but is not limited to (a) your failure to provide Classtime with the correct and accurate account information, (b) your violation of any provision of these Terms of Service, (c) your use of the Services in a way that would potentially expose us to liability, (d) your violation of any applicable laws, rules, regulations, and agreements that may apply to you; or (e) your use of the Service in a way that could cause harm to any person.
Upon termination, the license granted by Classtime ends. Your account will be closed and you will no longer be entitled to use the Services. We will delete the contents of your account 6 months after the account is closed.
The rights associated with the Services and the Website, such as rights to product designs, logos, trademarks including the "Classtime" name and logo, text, data, graphics, user interfaces, visual interfaces, photographs, artwork, software, computer code, software layout, music, sounds, images, videos, designs, typefaces, etc. provided by Classtime (the "Works") are the intellectual property of or licensed to Classtime.
All rights not expressly granted to you under section 3 of these Terms of Service are reserved by Classtime. In particular, without the express written consent of Classtime, you are not permitted to:
The rights to content transmitted to Classtime by Website Visitors or Users in the course of visiting the Website or using the Services remain the intellectual property of the respective entitled party.
This does not include rights to the content (in particular question sets) that you, as a User of the Services, place in the Public Library. By submitting such content for publication in the Public Library, you release it into the public domain under Creative Commons License CC0 1.0.
While we do not claim ownership over any content that you provide, you agree that we have the right to use such content in furtherance of the Services.
By providing us with content through the Services, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide on the Services.
You agree to be respectful of others’ intellectual property rights when you provide content to Classtime and other users as part of your use of the Services. You may not upload, transmit, or otherwise distribute any content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for the infringement of third party rights caused by any information that is generated or submitted through your use of the Services.
The Services should not be relied upon as a means to store your data or information and we assume no responsibility for such activities.
The rights to content provided by educational publishers through the Services remain the intellectual property of the respective educational publisher. Use of this content is governed by the educational publisher’s applicable license.
Certain educational publishers allow you to adapt their content. Such modifications and any rights arising from them are the sole and exclusive property of the respective educational publisher, without you having any right of compensation. If this is not legally feasible, you agree to, without compensation, irrevocably assign the rights in question to the respective educational publisher immediately upon their creation or, subsidiarily, to provide the educational publisher with a perpetual, irrevocable, worldwide and exclusive right to use them.
Users of the Services are responsible for maintaining the confidentiality of their login information (e-mail address and password or existing login if authenticated by a third party) or other information related to their account. They explicitly agree not to disclose their login information to any other person. The login information may only be used by the person to whom it is assigned.
You are also responsible for all activities that occur under your account, whether or not you have authorized them. Contact Classtime as soon as possible (team@classtime.com) if you suspect unauthorized use of your login information. Classtime reserves the right to suspend access to all or part of the services at its sole discretion if it suspects abuse of login information.
You represent and warrant that:
You agree not to use the Website and Services for any purpose that is unlawful or in violation of these Terms of Use. You agree without reservation to refrain from the following activities in particular:
In the event of a violation of the guidelines for visiting the Website and using the Services, Classtime reserves the right to remove the content in question and/or disable the accounts of or bar offending Users, regardless of whether or not it is a first-time or repeated violation. In addition, Classtime reserves the right to take legal action to prohibit such violations and to claim compensation for damages (including legal fees).
If you are affected by a violation of these guidelines (for example, as a recipient of harassing messages or as a copyright owner whose works are used in a manner that violates your rights), please email us at team@classtime.com or contact us by mail (address see below).
If you are entitled to and would like to make a claim according to the US Digital Millennium Copyright Act (DMCA), stating that your intellectual property rights have been violated by Classtime or by a third party who has uploaded content to the Website, please provide the following information:
For this notification to be effective, you must provide it to our designated agent at:
Valentin Ruest, Designated Copyright Agent
Classtime Inc.
513 E De La Guerra St
Santa Barbara, CA 90069
UNITED STATES
Phone: 213 421 6800
Email: valentin@classtime.com
We may request additional information before removing any allegedly infringing content. In the event we remove the allegedly infringing content, we will immediately notify the person responsible for posting it. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Classtime processes personal data in accordance with Swiss data protection legislation and, if and insofar as applicable, the EU General Data Protection Regulation (GDPR).
At any one time, the then current version of Classtime's Privacy Policy applies to all processing activities by Classtime.
We process the personal data of students on behalf of the person or entity who has invited them to use our Services. If required, please ask us for our Data Processing Agreement.
We endeavour to ensure the uninterrupted availability and error-free functioning of our Website and Services, but cannot warrant this. We provide the Website and the Services on an “as is” and “as available” basis. To the maximum extent permitted under applicable law, we disclaim all warranties and representations of any kind, express or implied.
You expressly agree that the entire risk arising out of your use of the Website or the Services and any related activities remains solely with you, to the maximum extent permitted under applicable law.
You acknowledge that Classtime, its officers, directors, affiliates, employees or agents shall not be liable in any way for any damages whatsoever, including but not limited to direct, indirect, incidental, consequential, special or punitive damages, third party claims, lost profits, goodwill impairment, loss of revenue or data in connection with the use of the Services and/or your visit to the Website. To the extent permitted by law, liability is fully excluded.
You agree to protect, defend, indemnify and hold harmless Classtime, its officers, affiliates, employees, or agents from and against all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages, and expenses (including attorneys' fees, litigation costs, and expenses).
You also agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
The Services or the Website may contain links, functionalities or services of third parties not controlled by Classtime (the "Third Party Content").
Classtime is not responsible or liable for the terms, conditions, privacy policies, actions, omissions, opinions, advice, statements, offers, warranties, representations, content or functionality of such third party content.
Likewise, Classtime is not responsible or liable for any loss or damage of any kind incurred as a result of any dealings with third parties that are entered into as a result of the presence of third party content on our Website or in relation with our Services.
Your use of third party websites and all other resources is at your own risk. You agree to indemnify and hold Classtime harmless in the event of claims related to third party content.
Classtime reserves the right to modify the Services or the Website (or any part thereof) or replace them with a suitable successor at any time and from time to time, temporarily or permanently, with or without notice. You expressly acknowledge that such changes may affect your use of the Services and agree that Classtime shall not be liable to you or to any third party for any such changes.
All notifications are to be sent to Classtime by email (team@classtime.com) or via the chat tool provided, unless a more restrictive form is stipulated in these Terms of Service or by law. A notice will be deemed to have been delivered on the day it is received by us. If a message is received outside working hours (Monday to Friday until 18:00 CET), it will be deemed delivered on the following working day.
Users of the Services agree that we may communicate with you via the email address you provide upon registration and/or via the chat tool provided. You further agree that all notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal requirement for communications to be in writing to the extent permitted by law.
Changes of any contact details must be communicated immediately.
Should one or more provisions of these Terms of Service be held invalid or unenforceable, the remaining provisions shall remain unaffected. The parties shall replace the invalid or unenforceable provisions with those that are valid and enforceable, best reflect the original intention of the parties and, if possible, lead to the same economic result.
If one party fails to comply with any part of these Terms of Service and the other party does not insist on proper compliance, it does not waive the right to enforce other parts of the Terms of Service.
The provisions of these terms of service are binding for both parties and their legal successors.
You may not assign the contractual relationship between you and Classtime without Classtime’s prior written approval.
Classtime reserves the right to modify these Terms of Service at any time. The most current version of the Terms of Service can be found on our Website.
With each visit to the Website, Website Visitors agree to the Terms of Service valid and published on the Website at that time.
We will inform Users of our Services directly about changes to the Terms of Service. Users of free Services agree to an amended version by continuing to use the Services after this communication. For Users of paid Services, the amended version shall come into force at the beginning of the contractual period following the communication, unless they terminate the contract before then.
These Terms of Service will in all respects be governed by and construed and enforced in accordance with the laws of Switzerland. All disputes arising out of or in connection with these Terms of Service will be subject to the exclusive jurisdiction of the state courts of Zurich, Switzerland.
If you have any questions or concerns, please do not hesitate to contact us through our Website, via team@classtime.com, or by mail: Classtime Inc., Wiesenstrasse 10a, 8952 Schlieren, SWITZERLAND.