Introduction and Acceptance.
Welcome to www.classtime.com, an online service owned and operated by Pollock Technologies Inc. ("Pollock Technologies" or "we"), a Delaware company with principal place of business in Los Angeles, California.
BY USING THE SITE AND THE SERVICES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Pollock Technologies reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms, at any time. The most current version will be posted on the Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
The categories set forth in this Section 3 shall be collectively referred to as “Content” in these Terms.
- Proprietary Material. The Site, content, product designs, logos, trademarks including the “Pollock Technologies” or “Classtime” name and logo, text, editorial content, data, formatting, graphs, graphics, user interfaces, visual interfaces, photographs, artwork and computer code, HTML, “look and feel,” software layout, music, sounds, images, software, videos, designs, typefaces and other content (collectively, the "Proprietary Material") is owned, controlled or licensed by or to Pollock Technologies and protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Pollock Technologies’ express prior written consent.
- User Data. For purposes of these Terms, “User Data” is defined as any data that is protected by intellectual property rights and provided by the teacher, school administrator or student (collectively, “User”) to Pollock Technologies through the Site. The User shall have all rights, title or interest to all his or her User Data subject to the license grant herein; provided, however, that nothing contained herein shall affect Pollock Technologies’ rights, title or interest to any data, property or information generated, compiled or analyzed by Pollock Technologies in connection with its performance under these Terms, including without limitation any analyses or reports of aggregated data.
- Other Information. The Site may contain bulletin board services, commentary functions, chat areas, news groups, forums, communities, personal user profile pages, and/or other message or communication facilities designed to enable the User to communicate with other Users or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
- License by User. You hereby grant to Pollock Technologies a non-exclusive, fully paid, royalty free, transferable, sublicensable, perpetual, worldwide license to use the User Data on the Site for any lawful purpose; unless otherwise agreed upon by User and Pollock Technologies in writing.
- License by Pollock Technologies. Pollock Technologies hereby grants you a non-exclusive, non-transferable, worldwide right to use the Site, Proprietary Material and the Services subject to these Terms. All rights not expressly granted to you are reserved by Pollock Technologies. You shall not, without Pollock Technologies’ express written consent: (a) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (b) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any User Data or Proprietary Material in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (c) modify or make derivative works or use based upon the User Data. Any use of the Site, Content or Services other than as specifically authorized herein, without the prior written permission of Pollock Technologies is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation intellectual property laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Each educator using the Site must have a license in order to use the Site. Each license is valid for one classroom only (with up to 36 students). You cannot share a license with another classroom. Licenses must be maintained for continued permission to use the Site. Each license must be registered in the name of the classroom teacher using the Site. You also agree that the Login Info (defined below) may not be shared within anyone outside the registered classroom. The Login Info may only be used by the administrator, educator, or student to whom it is assigned. You also agree to supervise and take full responsibility for the use of the Site by minors under the age of 13 years.
Your Use of this Site and Services.
Except expressly provided in these Terms, you shall not (1) violate the security of the Services or the Site or attempt to gain unauthorized access to the Services, the Site or any network connected to the Site; (2) perform any action which may impair the Services or damage the Site, including without limitation take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Ava’s systems or networks; (3) probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (4) use or attempt to use any deep-link, scrape, robot, spider, data mine or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (5) download, store, reproduce, transmit, display, or distribute any part of the Site; or (6) misrepresent your affiliation with Pollock Technologies or any other person or entity. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other User of any Pollock Technologies, including any account not owned by you, to its source, or exploit the Site or Service in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. Pollock Technologies reserves the right to bar any such activity.
Pollock Technologies’ Services are currently provided at no cost although Pollock Technologies reserves the right to charge for certain services in the future. The then-current pricing for these Services will be posted on the Site. The fees for the Services will be billed to your credit card. You must provide current, complete and accurate billing and credit card information. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You shall be responsible for all applicable taxes that arise in any jurisdiction, including without limitation, value added, consumption, sales or other taxes, fees, duties, or charges imposed on the sale of our products and services. All fees are non-refundable. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance.
- Termination. You agree and acknowledge that either Pollock Technologies or you may, at each party’s sole option, cancel the Services and terminate these Terms with or without cause at any time with three (3) business days written notice to the other party in accordance with the instruction on the Site or by sending a cancellation email to email@example.com. Notwithstanding the above, Pollock Technologies may terminate these Terms immediately for "cause," which includes, without limitation, your failure to provide to Pollock Technologies correct and accurate account information; your failure to provide information in connection with any investigation undertaken by a local, state or federal governmental agency; your violation of any provision of this Agreement or any other terms and conditions posted by Pollock Technologies; or your breach of any representations or warranties made in this Agreement, including without limitations Section 12.
- Effect of Termination. The license granted by Pollock Technologies in these Terms will end upon account closure. You will no longer be able to log in to your account. Your User Data will remain available on the Site unless you instruct us in writing to delete the User Data. Pollock Technologies is not liable for any lost data in case of an accidental deletion. You shall pay Pollock Technologies all sums then due and owing, if any, within thirty (30) days after the last day of the calendar month in which the termination was effective.
Modifications to Site or Service.
Pollock Technologies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice. You agree that Pollock Technologies shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Privacy and Data Protection.
Third Party Content.
The Site may contain website links, functionalities as well as advertisements, promotions, products or services of third parties that are not owned or controlled by Pollock Technologies (collectively, “Third Party Content”). Pollock Technologies does not control or endorse such Third Party Content, and is not responsible or liable for the terms, conditions, privacy policies, actions, inactions, opinions, advice, statements, offers, warranties, representations, content or functionality of any such third party or its site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK. Pollock Technologies is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site. You agree to indemnify and hold Pollock Technologies harmless in the event of any claim related to Third Party Content.
Pollock Technologies respects the intellectual property of others and expects you to do the same. Pollock Technologies responds in its reasonable discretion to notices of alleged copyright infringement if they comply with the law, including the Digital Millennium Copyright Act, of 1998 (“DMCA”), and reserves the right to remove the challenged Content from the Site or terminate the accounts or access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you are a copyright owner (or their agent) and believe that your work has been used in a way on the Site that infringes your rights, please send us a DMCA compliant notice by email to: firstname.lastname@example.org
Account, Password, Security.
As part of the registration process, you will provide an email address and a unique password ("Login Info"). You are responsible for maintaining the confidentiality of your Login Info, and you will be responsible for all uses of your Login Info, whether or not authorized by you.
You are solely and fully responsible for (a) maintaining the confidentiality of the Login Info or any other confidential information relating to your account; and (b) all activities that occur under your password or account, and Pollock Technologies disclaims any liability derived therefrom. If you suspect any unauthorized use of your password or account, you will contact Pollock Technologies as soon as reasonably practicable. Pollock Technologies reserves the right to restrict access to other areas of the Site, or indeed its whole Site, in its sole discretion.
Representations and Warranties.
- you are the lawful owner, user or licensor of any User Data that you upload on the Site and the posting of your User Data does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
- you have provided accurate, complete, unique and updated information when registering at the Site;
- you have not falsely identified yourself, used the email address of another person with the intent to impersonate that person or provided any false information to gain access to the Site;
- you will at all times during the term of this Agreement comply with the terms of this Agreement;
- you are and will at all times during the term of this Agreement comply with any applicable domestic or international laws, including without limitation laws, rules and regulations related to intellectual property and privacy;
- you are not accessing and have not accessed the Services to commit illegal acts or violate any provisions of this Agreement;
- you are the authorized party and (if applicable) signatory to the payment mechanism used to open and maintain your account;
- you are responsible for any use, activity, and charges incurred by you and any other users under your account, as applicable.
You acknowledge that your breach of these representations and warranties shall entitle Pollock Technologies to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and its attorneys' fees and costs.
Disclaimer of Warranty.
Pollock Technologies represents and warrants that it will provide the Site and Services in a manner consistent with general industry standards reasonably applicable to the provision thereof. EXCEPT AS SET FORTH HEREIN, POLLOCK TECHNOLOGIES MAKES NO FURTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICES, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. POLLOCK TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE SERVICES ARE PROVIDED SECURELY OR WITHOUT ERRORS. THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS AND WE MAKE NO WARRANTIES THAT THE SERVICES WILL BE TIMELY, ACCURATE OR AVAILABLE AT ALL TIMES, OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE OF THE SERVICES IS AT YOUR SOLE DISCRETION AND RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA OR PROFIT THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLLOCK TECHNOLOGIES OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. POLLOCK TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEMS RESULTING FROM THE USE OF THE SITE.
Limitation of Liability.
Pollock Technologies shall not be liable for any indirect, incidental, special, consequential or punitive damages whether arising in an action (including without limitation loss of revenue, use, profits, data, or goodwill or costs of procuring substitute services) for breach of contract, tort or any other cause or theory of liability, related to or in connection with these terms or the use of the site. Pollock Technologies and you have agreed that these limitations will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF POLLOCK TECHNOLOGIES’ LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES, OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED $500.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED.
You agree to protect, defend, indemnify and hold harmless Pollock Technologies, its owners, affiliates, subsidiaries, parents, shareholders, officers, directors, agents, employees, assigns and representatives ("we" or "us" for purposes of this provision), from and against any and all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages and expenses (including attorneys' fees, litigation costs and expenses) incurred by us, including, without limitation, any claim for personal injury or property damage arising from or related to your violation of: (a) this Agreement, including the representations and warranties made herein; (b) any rights of a third party right through your use of the Services; (c) your collection, storage or use and/or transfer of data; or (d) any applicable law or government regulation.
In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms (except payment obligations, as applicable) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence.
By using the Services, you consent to receiving electronic communications from Pollock Technologies. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal requirements for written communication.
This Agreement will be governed by and in accordance with laws of the State of California. The United Nations Conventions On Contracts For The International Sale Of Goods, if otherwise applicable, does not govern this Agreement. For parties residing in North America, the exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Services will lie in the state and federal courts located in Los Angeles, California, regardless of choice of law rules. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. For parties residing outside of North America, the exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Services will lie in the courts in Zurich, Switzerland.
No Class Actions.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under this Agreement.
Should any provision of these Terms be held invalid void, or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.
Failure or neglect by Pollock Technologies to enforce any of the provisions of these Terms shall not be construed or deemed a waiver of its rights nor shall this affect the validity of the whole or any part of these Terms, nor prejudice Pollock Technologies’ rights to take subsequent action.
You may not assign this Agreement without Pollock Technologies’ prior written approval. Pollock Technologies may assign this Agreement without your consent.