These Terms of Service describe the rights and obligations between Pollock Technologies Inc. ("Pollock", "we", "us") and you (collectively, "Parties" and individually, "Party") with respect to:
- your visiting the website www.classtime.com and all websites linked to or provided by Pollock (the "Website", "Website Visitor"),
- your use of the learning platform and other services offered through the Website (the "Services", "Users").
These Terms of Service apply to Website Visitors and Users in the USA.
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.
The Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain parental consent before they collect personal information online from children who are under 13. If you are under the age of 13, you cannot register for the Services or otherwise transmit any information through the Services without verified parental consent.
Pollock's Services are offered in different models (the "License Models"; in principle, a distinction is made between free and paid Services). Pollock may offer new license models and discontinue existing ones at any time.
If you register to use the Services and select a specific License Model, Pollock grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide right to use the Services within the scope of the selected License Model and subject to these Terms of Service. The scope of the various License Models is shown on the Website or will be communicated to you in a personal offer.
The prices for the paid Services are shown on the Website or will be communicated to you in a personal offer. 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 Pollock. 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.
Pollock 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 Pollock with 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 Pollock 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.
Schools, businesses and other institutions have the possibility to acquire an institution license. If such a license agreement is concluded, it will supplement these Terms of Service and take precedence where it contradicts them.
Sections 3-5 (License / Prices, Payment / Term, Termination) of these Terms of Service do not apply for Users who use the Services under an institution license.
The rights associated with the Services and the Website, such as rights to product designs, logos, trademarks including the “Pollock” and "Classtime" names and logos, text, data, graphics, user interfaces, visual interfaces, photographs, artwork, software, computer code, software layout, music, sounds, images, videos, designs, typefaces, etc. provided by Pollock (the "Works") are the intellectual property of or licensed to Pollock.
All rights not expressly granted to you under section 3 of these Terms of Service are reserved by Pollock and/or its licensors. In particular, without the express written consent of Pollock, you are not permitted to:
- license, sublicense, sell, transfer, assign, distribute, commercially exploit or otherwise make available to third parties any Works in any manner,
- copy, mirror, reproduce, download, publish, adapt, modify, imitate, reverse engineer, translate, create derivative works from, or otherwise use any Work contrary to Pollock’s interests,
- change or remove markings or copyright notices on any Works.
The rights to content transmitted to Pollock 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 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. Further, by providing us with information and 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. In addition, we should not be relied upon as a means to store your data or information and we assume no responsibility for such activities.
You agree to be respectful of others’ intellectual property rights when you provide content to Pollock 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 infringement of third party rights caused by any information that is generated or submitted through your use of the Services.
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 Pollock as soon as possible (firstname.lastname@example.org
) if you suspect unauthorized use of your login information. Pollock 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 are entitled to use, upload and publish all content and information you upload to our Website and/or use in using the Services;
- the content and information you upload to our Website and/or use in using the Services does not infringe on the rights of third parties, including but not limited to privacy rights, publicity rights, copyrights, trademark rights and/or other intellectual property rights;
- you comply with all applicable national or international laws (e.g. those relating to data protection) and in particular do not access the Website and/or Services to commit illegal acts;
- during registration, you have provided accurate, precise, complete, unambiguous and up-to-date information and, in particular, you have not used another person's email address with the intention of impersonating that person;
- you are the authorized person and signatory for the means of payment you specified during registration.
- defame, abuse, harass, stalk or threaten any other person or otherwise violate their rights,
- publish, make available, upload, distribute or disseminate defamatory, obscene, immoral or illegal information,
- violate sections 7 and 8 (Intellectual Property) or otherwise infringe on copyrights or other intellectual property rights,
- violate or attempt to violate the security measures of the Services or the Website or attempt to gain unauthorized access to the Services or any network connected to the Services,
- take any action that may interfere with or damage the Services or the Website,
- publish, make available, upload, distribute or disseminate malicious software of any kind or similar codes, files or programs,
- use any robot software, data mining technique or other automatic device or program to harvest, catalog, download, or otherwise use, store or distribute any content or information available on the Website, including but not limited to information about other Users or Website Visitors,
- use the Website and/or the Services to send spam or other unsolicited messages of a commercial or other nature,
- use the Website and/or the Services to run advertising of any kind.
In the event of a violation of the guidelines in section 10 (Guidelines for Visiting the Website and Using the Services), Pollock 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, Pollock 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 email@example.com
or contact us by mail (address see below).
If you would like to make a claim according to the Digital Millennium Copyright Act (DMCA), stating that your intellectual property rights have been violated by Pollock or by a third party who has uploaded content to the Website, please provide the following information:
- A description of the copyrighted work or other intellectual property you claim has been infringed and information on where it is located on the Website,
- An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party can contact you,
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law,
- A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf,
- Your electronic or physical signature
For this notification to be effective, you must provide it to our designated agent at:
Valentin Ruest, Designated Copyright Agent
Pollock Technologies, Inc.
1326 1/2 Miller Dr
West Hollywood, CA 90069
Phone: 213 421 6800
Pollock 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.
POLLOCK ENDEAVOURS TO ENSURE THE UNINTERRUPTED AVAILABILITY AND ERROR-FREE FUNCTIONING OF OUR SOFTWARE, BUT CANNOT WARRANT THIS. WE PROVIDE THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, RELIABLE, SUITABLE OR ERROR FREE.
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 POLLOCK, 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, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. TO THE EXTENT PERMITTED BY LAW, LIABILITY IS FULLY EXCLUDED. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS POLLOCK, 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 LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Services or the Website may contain links, functionalities, advertising, promotions or services of third parties not controlled by Pollock (the "Third Party Content").
POLLOCK 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, POLLOCK 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 POLLOCK HARMLESS IN THE EVENT OF CLAIMS RELATED TO THIRD PARTY CONTENT.
Pollock 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 POLLOCK SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH CHANGES.
applies to all data collecting and processing activities by Pollock.
All notifications are to be sent to Pollock by email (firstname.lastname@example.org) 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.
As a User of the Services, you agree that Pollock may use your name and, if applicable, the logo identifying you, to list you as a customer on the Website or in printed material (flyers, brochures, presentations). You may revoke this permission in part or in full at any time.
This section does not apply to student users.
These Terms of Service, together with a possible institution license agreement according to section 6 and/or any other documents you may receive from us upon conclusion of the contract, govern all rights and obligations of the Parties in connection with our Services and the Website. Any other agreements or understandings between the Parties are ineffective and not legally valid.
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 this contractual relationship without Pollock^s prior written approval.
Pollock 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 are governed by and construed and enforced in accordance with the laws of the State of California.
You agree to resolve any dispute, claim, or controversy with Pollock arising out of or relating to your use in any way of the Services in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at email@example.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in Los Angeles County, California, USA, and the costs of which shall be divided equally between you and Pollock. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in Los Angeles County, California, USA.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Pollock, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND POLLOCK EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to take action related to your access to the Services as provided in these Terms of Service.
If you have any questions or concerns, please do not hesitate to contact us through our Website, via firstname.lastname@example.org or by mail:
Pollock Technologies Inc.
8560 Sunset Blvd
Los Angeles, CA 90069