Terms of Service

The following terms and conditions of service (“Terms of Service” or “Terms”), define the relationship between Classwork Co (doing business as Classkick (“Company,” “Classkick,” “our,” “we,” or “us”)) and you.

Agreeing to our Terms

These Terms of Service (“Terms”) are entered into by and between Classwork Co. d/b/a Classkick, its subsidiaries, divisions, and affiliates (collectively, “Classkick,” “we,” “us,” or “our”) and the entity or person agreeing to the Terms (“you” or “your”). The Terms govern your access to and use of any website, mobile website, social media site, software, mobile application, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein (collectively, the “Service”) owned, operated, or provided by Classkick.

These Terms are effective when you click to accept them, and the date you accept these Terms is the Effective Date of the Terms. If you are accepting these Terms on behalf of another entity or person (each an “End User”), you represent and warrant that (i) you have full legal authority to bind the End User to these Terms; (ii) you have read and understand these Terms; and (iii) you agree, on behalf of the End User, to these Terms. Note that minors may only use the Service as End Users, as students cannot create an account by themselves and must be invited to Classkick.

Accordingly, if you are under the age of 18, you may not use the Service without (i) the consent of a parent, legal guardian, or School Personnel or Institution, who must read, understand, and agree to these Terms on your behalf; and (ii) an invitation to access or use the Service from an Institution or School Personnel, as defined in Section 1.5

1. Provision of the Service

1.1 Service Use

In addition to these Terms, you are also subject to Classkick’s Privacy Policy and any posted guidelines, policies, or rules applicable to specific features of the Service, which may be posted from time to time (collectively the “Guidelines”). By using the Service, you agree to be bound by these Terms, the Guidelines, our Privacy Policy, and any modifications made to the Terms, Guidelines, or Privacy Policy. If you agree with all of the foregoing, you may access and use the Service that you select through the applicable registration process, and the Service shall be available for your personal, noncommercial use. Note, however, that the right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any. Moreover, if you do not agree with any of the foregoing, you are not permitted to access or otherwise use the Service. Additionally, if you are using the Service on behalf of an institution that has a separate written agreement with Classkick, the separate written agreement shall govern your use of the Service, unless otherwise stated in the separate written agreement.

1.2 Modifications

(a) To the Service. Classkick is constantly improving its Service. As such, Classkick may make commercially reasonable changes to the Service from time to time. These changes may include, but are not limited to, the addition or removal of certain functionalities or features of the Service.

(b) To the Terms. Classkick may also change, update, add, or remove provisions of these Terms at any time. If Classkick makes a material change to these Terms, Classkick will inform you of the change via email. If the change has a material adverse impact on you and you are not agreeable to the change, you must so notify Classkick in writing within fourteen days after receiving notice of the change. If you notify Classkick as required, then you will remain governed by the Terms in effect before the change until the end of the then-current school year or subscription term. If the Service is renewed and you continue to use the Service after such a change is made, the Service will be renewed under Classkick’s then-current Terms or by agreement of the parties. Classkick will not change how Education Records, as defined in Section 5, are used or shared under these Terms without advance notice and consent from the appropriate Institution or School Personnel, as defined in Section 1.5.

1.3 User Content

(a) Ownership and License of User Content. Some features of the Service may now or in the future allow you to provide content that may be visible to certain other users or used by Classkick in connection to the Service, including without limitation any photos, videos, graphics, sounds, lessons, educational materials and other content that you submit, upload, post, send, or otherwise make available on or through the Service (collectively, “User Content”). Classkick does not claim any exclusive ownership right in User Content. However, by using the Service, you hereby grant to Classkick a non-exclusive, sublicensable, worldwide, royalty-free, and transferable right and license to (i) use, copy, store, distribute, publicly perform and display, modify, reproduce, process, modify, adapt, prepare derivative works of, publish, transmit, distribute, and otherwise use your User Content, or any portion thereof, in any form, medium or distribution method now known or hereafter existing and as necessary to provide, improve, and make the Service available to you and other users through any media in which the Service may be distributed; (ii) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner, including for use in improving our Service or in marketing and business development purposes; (iii) use any User Content, including any Education Records, that has been de-identified for any product development, research, or other purpose; and (iv) use for other purposes permitted by our Privacy Policy. You further represent and warrant that you own all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to such content. Unless otherwise explicitly stated herein or in our Privacy Policy, you also understand and agree that User Content is provided on a non-confidential basis and Classkick does not guarantee any confidentiality with respect to User Content.

(b) User Obligations. 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. Classkick cannot guarantee the identity of any other users with whom you may interact while 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 accessed by you at your own risk and that you will be solely responsible for any damage or loss to any party resulting therefrom. You further agree that you will not upload, post, send, or otherwise make available on the Service any material that is protected by copyright, trademark or any other intellectual property or other proprietary right without the express permission of the owner of such copyright, trademark, or other intellectual property or other proprietary right. You agree that the burden of determining whether any material is protected by any such right is on you. Additionally, you agree to pay for all royalties, fees, damages, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Service. Without limiting the foregoing, you are only permitted to make User Content that is consistent with the educational purposes for which Classkick makes the Service available, and you shall be solely liable for any and all claims, damage, and loss resulting from any infringement or misappropriation of copyrights, trademarks, or other proprietary rights, violation of contract, privacy, or publicity rights, or any other harm resulting from any User Content that you make. You also agree that your User Content complies with all applicable laws. Classkick does not guarantee that we will publish any of your User Content, and we reserve the right to remove such content from the Service at any time for any reason, including upon notice that User Content infringes upon another entity or individual’s intellectual property rights.

(c ) Termination of License. Any licenses to specific User Content, such as an image or video, granted to us by you in accordance with Section 1.3(a) of these Terms will terminate when you delete that User Content or delete your entire account, unless such content has been shared with other users who have not deleted it. Note that any User Content that may be in or related to messages sent through Classkick may be kept after you delete your account, as would any data related to User Content that has otherwise been aggregated, anonymized, or otherwise segregated from your identity. When you User Content, it is deleted in a manner like emptying the recycle or trash bin on a computer, and you understand that any removed User Content may persist in backup copies for a reasonable period of time associated with our routine operations of our computing and backup systems.

1.4 Feedback

Classkick appreciates communications, comments, questions, suggestions, or related materials that you send or transmit to Classkick (collectively, “Feedback”). However, by using the Service or submitting Feedback, you understand that we may use Feedback in any way we choose without any obligation to compensate you. Accordingly, if you send or transmit any Feedback to Classkick, including without limitation Feedback regarding new features or Service functionality, all such Feedback is, and will be treated as, non-confidential and non-proprietary, and you hereby assign all right, title, and interest in the Feedback, and agree that your Feedback to Classkick is free for Classkick to use, without any attribution or compensation to you, as well as any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether patentable or not, for any purpose whatsoever, including but not limited to developing, manufacturing, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Classkick is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution of such Feedback. Note that these Terms governing Feedback are separate from the portions of our Terms governing User Content, and if there is any question as to whether specific content is Feedback or User Content, then the terms regarding Feedback shall govern.

1.5 Terms for School Personnel and Institutions

If you are a teacher, school leader, aide, or other similar personnel (“School Personnel”) accessing the Service on behalf of a school, school district, or other similar educational institution (each an "Institution"), and will use the Service as a classroom tool, you represent, warrant, and agree that you have the authority to use the Service as a classroom tool and that you are acting on behalf of or have permission from your Institution to agree to these Terms and to use the Service as part of your curriculum.

(b) COPPA and Parental Consent. If you allow students under the age of 13 to use the Service, you consent to the collection and use of personal information of such students as required under the Children’s Online Privacy Protection Act ("COPPA"), as described in our COPPA Privacy Policy and COPPA Notice, to the extent COPPA is applicable in your jurisdiction. Before using the Service, you further agree to obtain verifiable parental consent and make these Terms, our Privacy Policy, and our COPPA Notice available to parents or legal guardians to ensure they agree to your use of the Service. If we learn that you have not obtained parental consent or notified parents about your use of the Service, you will not be permitted to use the Service.  Classkick requires that parents be informed of and consent to any School Personnel or Institution’s use of the Service; therefore, as a condition of using our Service in your classroom, you must disseminate necessary information regarding consent to the parents and legal guardians of potential student users, confirm receipt of valid consent for each child before granting the student access to the Service, and retain any related consent forms on file. If a parent or legal guardian does not consent or rescinds any consent given by you to Classkick, you shall immediately notify Classkick to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Service.  

(c ) Student Invitations. Once you complete the registration process, the Service may enable you to send invitations to your students via email, inviting such students to register to use the Service. You agree that you will not use the Service with any children under 13 years old, unless you have the lawful authority to consent to the collection, use, and disclosure of personal information from such children.

(d) Institution Employment. Only School Personnel who are current employees of an Institution may use the Service on the Institution’s behalf. Immediately prior to, or upon, termination of a School Personnel's employment with an Institution, such School Personnel must return and cease using all login details and student access credentials. If at any time you learn a user of the Service claims to be affiliated with your Institution who is not, in fact, affiliated with your Institution, you must notify Classkick immediately. You must immediately cease using the Service when you are no longer actively employed as School Personnel, unless you re-register with Classkick to teach new students at a different Institution in accordance with these Terms.

(e) Non-mandatory Use of the Service. You may not require any students to register to use the Service. Students must be free to determine whether they wish to use the Service.

(f) Student Helpers. If School Personnel utilizes the Student Helpers feature in Classkick, other students may view the drawings, text, images, audio, or links added by other students in Classkick. School Personnel may share their classes, including student work and feedback provided, with other School Personnel in their school. If School Personnel chooses to display Classkick through projecting to a whiteboard, for example, students physically present in that classroom may see other students’ names, work, and feedback. School Personnel can choose not to utilize Classkick in any of these ways.

(g) Termination of School Personnel Accounts. Unless otherwise prohibited by applicable law, Classkick may terminate a School Personnel’s account at any time and without warning for any failure to comply with these Terms.

1.6 Terms for Students

(a) Student Access and Use of the Service. Students may not access or use the Service unless a parent, legal guardian, or Institution consents to such use or access and the student is invited or given access to the Service by School Personnel who is authorized to give that student access to the Service. Additionally, students may only use the Service for personal educational purposes. If Classkick discovers or becomes aware that a student is using the Service for any illegal or other inappropriate purpose, such as cyberbullying, Classkick will notify the student’s Institution about such misconduct and may terminate a student’s access to the Service at any time, for any reason, and without warning, after such notice. School Personnel may also review student activities using features of the Service, such as the teacher dashboard. If a student or a student’s parent or legal guardian no longer wishes to use the Service or does not agree to these Terms, or if a student is no longer permitted to use the Service for any reason, then the student must immediately stop using the Service.

(b) Student Information. Classkick requests only minimal personal information to be provided from students to access the Service: class code, username, first name, last name, email address, and password. As further explained in our Privacy Policy, this information is only collected when a student’s Institution or School Personnel purchases a Classkick Pro Membership. Other than what we request from students when they sign up for the Service or as directed by School Personnel, students may not provide any personal information about themselves to us.

1.7 Terms for Parents

If you are a parent or legal guardian of a student that has been invited to create an account on the Service or is given access to the Service by School Personnel, your consent must be given in order for a student to use the Service. If you are the parent or legal guardian of a child who has created an account with us and you did not receive a notification seeking your consent from your child’s School Personnel or Institution, you can email us at support@classkick.com to have that child’s account deleted, review the information we have collected about your student, or to otherwise communicate with us or address any questions or concerns you may have about our Service. Please note that if you contact us, we will ask that you verify your identity as a student’s parent before providing you with any information about your student, in accordance with applicable law. In addition, if you, as a parent or legal guardian, provide an email to School Personnel when such personnel or your student’s Institution is obtaining your consent, we may send an email asking you to verify your child’s account, but you will not receive any other emails unless you have opted-in to email marketing or have separately created an account on our Service. Note that information collected from students, including personal information and information collected automatically, is never used or disclosed for third-party advertising or any kind of first or third-party behaviorally-targeted advertising, and personal information is never sold or rented to anyone, including marketers or advertisers. If you do use the Service as a parent or legal guardian, you agree that Classkick may send you messages, alerts, and other communications through the Service, including via email, web alert, transactional text messages, push notifications and other similar means, in accordance with the preferences you set through the Service, and you agree to accept such messages, and pay any applicable network access, data usage, or similar fees.

2. Fees and Payment

Classkick does not currently charge any fee to register to open a free account for Service, although Classkick may change to a paid Service at any time and discontinue free Services. Classkick may require you to submit payment information in the future, and you may be required to pay fees to use certain features or content made available through the Service, such as Classkick Pro. Classkick will either deduct payment from your credit or debit card, or invoice you for all chargeable aspects of the Service. Timely payment must be made for access to the Service, or Service may be promptly suspended by Classkick. Upon notice to you, Classkick may in its sole discretion introduce new fees or change existing fees for use of all or any portion(s) of the Service at any time. However, Classkick will never apply any new or higher fees to you retroactively. Notice will be sent to you by email associated with any new fees or payment for the Service. If you continue to use the Service after such notice, your use shall constitute your consent to and acceptance of the new or increased charges. These Terms do not include the provision by Classkick of any upgrades, updates, consulting services, customization or training. Such additional services may be available through separate agreements with Classkick.

2.1 Automatic Renewal and Cancellation of Classkick Pro Membership

(a) Automatic Renewal. If you purchase a membership to Classkick Pro (“Paid Membership”), you acknowledge and agree that YOUR PAID MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTHLY OR YEARLY BASIS, DEPENDING ON WHETHER YOU SELECT A MONTHLY OR YEARLY PAID MEMBERSHIP PLAN, UNLESS YOU OR WE COMMUNICATE OTHERWISE PRIOR TO THE END OF THE RENEWAL TERM.

YOUR PAID MEMBERSHIP WILL ALSO CONTINUE INDEFINITELY UNTIL TERMINATED BY YOU OR US IN ACCORDANCE WITH THESE TERMS.

(b) Payment of Membership Fees. You further acknowledge and agree that your Paid Membership has an initial and recurring fee (“Membership Fee”), which shall be determined by the quote accepted by and provided to you when you purchase a Paid Membership. By agreeing to pay this Membership Fee, you accept responsibility for, and agree to pay, all Membership Fees prior to cancellation of your Paid Membership. You affirmatively and expressly authorize us to process an invoice when your Paid Membership begins, and then again at the beginning of any subsequent renewal term. If your payment details change, your card provider may provide us with the updated payment details, and we reserve the right to use these updated details for future charges in order to help prevent any interruption to the delivery of Service.

Upon renewal of your Paid Membership, if Classkick does not receive payment from your payment provider, or your debit or credit card declines, (a) you agree to pay all amounts due on your account upon demand, and (b) you agree that Classkick may either terminate or suspend your account and Paid Membership and continue to attempt to charge you until payment is received (upon receipt of payment, your account will be re-activated, and for purposes of automatic renewal, your new Paid Membership renewal term will begin as of the day payment was received).

(c ) Modifications to Price or Renewal Terms. If the price to renew your Paid Membership increases, or any terms regarding the automatic renewal of your Paid Membership changes, Classkick will notify you of any such increase or change in writing at least 60 days prior to the commencement of the next renewal term to or in which the increase or change applies.

(d) Cancellation Procedures. YOU MUST CANCEL YOUR PAID MEMBERSHIP BEFORE IT RENEWS TO AVOID INCURRING A MEMBERSHIP FEE FOR THE NEXT RENEWAL TERM. You will not receive a refund for any partial-term cancellation, but you may cancel a yearly Paid Membership within thirty (30) days of beginning your Paid Membership to be eligible for a refund. If you individually purchase a yearly Paid Membership, and your school later upgrades to a Paid Membership, you may also be eligible to cancel your individual Paid Membership for a prorated refund of up to $50.

TO CANCEL OR REQUEST A REFUND OF YOUR PAID MEMBERSHIP, OR TO OPT OUT OF AUTOMATIC RENEWAL, PLEASE EMAIL PRO@CLASSKICK.COM. IF YOU ARE CANCELLING OR REQUESTING A REFUND OF YOUR PAID MEMBERSHIP, PLEASE ALSO PROVIDE THE COMPLETE ACCOUNT AND SCHOOL INFORMATION IN YOUR CORRESPONDENCE.

User Accounts

3.1 Registration  

You do not need to register an account with Classkick to simply visit and view our website. However, in order to use the Service, School Personnel must register with Classkick to create an account, and students may be asked to register with Classkick to create an account if invited or given access to the Service by such School Personnel. Accordingly, as a condition to using the Service, you may be required to register with Classkick, select a password and username, and provide additional contact information (collectively, "User Information"). By using the Service, you represent, warrant, and agree that all User Information you submit is truthful, accurate, complete, and updated. You further understand and accept that you may not impersonate another person or use another person’s name in the User Information you submit. You are also prohibited from providing any false information or creating an account for anyone other than yourself without permission.

3.2 Account Security

You are also responsible for maintaining the security and confidentiality of your User Information, and you are responsible for all activities that occur using your User Information. You agree not to share your User Information, let others access or use your User Information, or engage in any other activity that might jeopardize the security of your User Information. You also agree to notify Classkick if any of your User Information is lost or stolen, if you are aware of any unauthorized use or access of your User Information, or if you know of or suspect any other breach of security in relation to the Service. In its sole discretion, Classkick reserves the right to refuse registration of or cancel User Information. You may not transfer your account to anyone without the express prior written consent of Classkick.

3.3 Account Verification

You acknowledge that we may choose, but are not obligated, to make any inquiries, either directly or through third parties, that we deem necessary to validate User Information, including without limitation by engaging third parties to provide identity or other verification services. Classkick reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Service. Notwithstanding the foregoing, you acknowledge that Classkick cannot guarantee the accuracy of any information submitted by any user, or the identity of any user who chooses to use the services. You further understand that we are not obligated to verify the identity of any user.

3.4 Account Termination

You may close your user account at any time by following the account cancellation procedure on our website or by contacting us at support@classkick.com and requesting termination of your account. We may terminate your account any time and for any reason in our sole discretion, as explained in Section 15 of these Terms. To the extent you have paid any fees to Classkick prior to the termination of your account, you will not be entitled to any refund of such fees, except as otherwise provided in these Terms.

4.   Privacy

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Service. By using our Service, you agree that Classkick can use such data in accordance with our Privacy Policy.

5. FERPA

The parties acknowledge that (a) certain information provided to Classkick by School Personnel or an Institution may include personally identifiable information from education records that are subject to FERPA ("Education Records"); (b) to the extent that such information includes Education Records, Classkick will be considered a "School Official" (as that term is used in FERPA and its implementing regulations) and will comply with FERPA; and (c) all School Personnel and Institutions that use the Service will also comply FERPA. "FERPA" means the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time.

5.1 Use of Education Records

Classkick will never share Education Records with third parties except (i) as directed by School Personnel, an Institution, or a parent or legal guardian; (ii) to our service providers that enable us to provide the Service, as stated in our Privacy Policy; or (iii) as required by law. Education Records are never used or disclosed for third-party advertising or any kind of first or third-party behaviorally-targeted advertising to students or parents. Classkick may use Education Records that have been de-identified for product development, research, or other purposes (“De-Identified Data”). De-Identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, date of birth, demographic information, location information and school identity. Classkick will not attempt to re-identify the De-Identified Data or transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

6. Intellectual Property

6.1 Ownership of the Service

The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, trade names, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, hardware, source code, software, technology, lessons, exercises, games, blog, message board content, related educational information, and all other intellectual property, as well as the selection and arrangement thereof (collectively, the “IP Content”), are all proprietary and owned or controlled by Classkick, our licensors, and certain other third parties. All right, title, and interest in and to the IP Content available via the Service is the exclusive property of and owned by Classkick, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

6.2 License of the Service

A single limited, revocable, nonexclusive, non-sublicensable, and nontransferable license is granted to use and display the IP Content and to use the Service solely for your personal educational use and for the benefit of your student(s). Except for the foregoing license and the rights you retain to any User Content that you provide, you have no other rights in any part of the Service or IP Content. Additionally, except as otherwise provided in these Terms, you may not modify, edit, copy, reproduce, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works of, decompile, reverse engineer, alter, enhance, display, license, sell, or in any way exploit any part of the Service or IP Content in any manner. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Classkick at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded IP Content in your possession whether in electronic or printed format and refrain from any further use of the Service and IP Content.

7. Beta and Pilot Programs

If you register for a "Beta," “Pilot,” or other pre-release version of the Service or Materials (each a "pre-release version"), you acknowledge and agree that the pre-release version may contain, in Classkick's sole discretion, more or fewer features, content, or different licensing terms than a subsequent commercial release version of the pre-release version that may be offered through the Service. Classkick may choose not to release later commercial release versions of any pre-release version. Without limiting any disclaimer of warranty or other limitation stated in these Terms, you agree that any pre-release version is not considered by Classkick to be suitable for production use and that it may contain errors affecting its proper operation. You further acknowledge and agree that a pre-release version may exhibit sporadic disruptions that have the potential to disrupt your use of the Service. You understand that Classkick specifically disclaims all damages resulting from your use of a pre-release version, and you accept all risks pertaining to such use.

8. Communications

8.1 Electronic Communications

By using the Service, you hereby consent to receive electronic communications from Classkick. These electronic communications may include notices about applicable fees, taxes, other charges, transactional information, and other information concerning or related to the Service. These electronic communications are part of your relationship with Classkick, and you agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8.2 Marketing Communications

We may send periodic promotional or informational emails to School Personnel. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests, and during that time, you may continue to receive emails.

9. Linked Sites

The Service may provide links to other third-party websites (“Linked Sites”). Classkick has not reviewed all of the information on the Linked Sites, does not maintain any of the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site.  The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site. Classkick and is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by Classkick of the Linked Site. Use of any such linked web site is at your own risk.

The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of Classkick. If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with, the third party or its products and services. Classkick makes no representation or warranty as to any Linked Site, content, products or services, and you agree that Classkick shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

10. Social Media

Classkick may now or in the future incorporate into its Service certain features that allow you to interact with the Service through your social media accounts on Linked Sites (“Linked Accounts”). If you choose to use such features, you grant Classkick permission to access and use your Linked Accounts for the purpose of processing your requests and enabling you to use the Service. Your use of and privacy associated with such Linked Accounts are subject to the applicable third party terms and privacy policies on the Linked Sites.

11. Acceptable Use Policy

In addition to the foregoing, you understand and agree that you are solely responsible for ensuring compliance with all applicable laws and regulations in the relevant jurisdiction(s). You further agree that you will not to use the Service, or allow any third parties or your End Users to use the Service, for unauthorized purposes, including without limitation (i) to generate or facilitate unsolicited bulk commercial email; (ii) to violate, or encourage the violation of, the legal rights of others; (iii) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (iv) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; (v) to interfere with the use of the Service, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users; (vi) to alter, disable, interfere with or circumvent any aspect of the Service; (vii) to test or reverse-engineer the Service in order to find limitations, vulnerabilities, or evade filtering capabilities; (viii) to grant multiple individuals access to an individual End User account other than via the delegation features provided within the Service; (ix) to create End User accounts assigned to business functions rather than to human beings for the purpose of sharing files within or outside of the domain; (x) to resell End User accounts or parts thereof as added into a commercial product offered to third parties; and (xi) to record audio or video communications without consent if such consent is required by applicable laws and regulations; and (xii) to collect other users' content or information or otherwise access the Service using automated means without our prior permission.

12. Copyright Policy

Classkick complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

DMCA Takedown Notices

Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Site. The abuse team will only consider valid reports of infringement, and you may submit a complete DMCA notice that features all of the points described below only if the representing party sending the request is the content owner or the authorized agent acting on behalf of the copyright owner. If you are not sure if Classkick has control over the allegedly infringed content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following which must include a certification made under penalty of perjury:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Classkick to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the copyrighted work claimed to have been infringed, or, if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site, including citation to the applicable copyright registrations where available;
3. 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 Classkick to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the website or online content at issue;
4. Information reasonably sufficient to permit Classkick to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;
5. 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; and
6. 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.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE”:

Classkick Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando,  FL  32804
Phone: 4079061605
Email: dmca@losey.law

Please note if any notification of claimed infringement does not meet the above requirements, Classkick has no responsibility to respond to or act on any such defective notification of claimed infringement.

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a counter notification to us under the DMCA.  It must include the following, which includes a certification made under penalty of perjury:

1. Your physical or electronic signature, as well as information sufficient for Classkick to determine the legitimacy of the signature and the identity of the signatory;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Eastern District of Virginia, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or the Complainant’s authorized agent.

Any such counters notifications must be sent to:

Classkick Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando,  FL  32804
Phone: 4079061605
Email: dmca@losey.law

13. Disclaimer and Limitation of Liability

THE SERVICE AND ALL INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICE, AND ALL INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SITE OR OTHER PARTS OF THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE OR SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE OR SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR SERVICE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE OR SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR SERVICE OR FROM ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE OR OTHER PARTS OF THE SERVICE. WE ARE ALSO NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY PROVIDERS OR OTHER THIRD PARTIES.  

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SITE AND SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE OR SERVICE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

14. Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Classkick; its officers, directors, employees, and agents; and any other affiliates from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Site or Service or (b) any violations of these Terms by you. If you fail to promptly indemnify and defend a covered claim, Classkick shall have the right to defend itself, and in such case, you shall promptly reimburse Classkick for all of its associated costs and expenses.

15. Term and Termination

15.1 Term of Use

These Terms are effective as of the Effective Date and will continue until terminated by one or both parties.

15.2 Termination for Breach

Classkick may inform you if we feel that you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Classkick in its sole discretion, may result in immediate termination of your access to and use of the Service. Accordingly, Classkick may terminate your right to access or use the Service for any violation of these Terms and may refuse, modify, delete, or remove any User Content, with or without cause or notice, for any or no reason, or for any action that Classkick determines is inappropriate or disruptive to the Service or to any other user of the Service. If Classkick reasonably believes or comes to learn that (a) continued provision of any Service to you would violate applicable law(s) or (b) you have violated or caused Classkick to violate any applicable laws, Classkick may also report these illegal activities and any reports of such unlawful conduct to law enforcement authorities or other third parties in addition to immediately terminating your right to access and use the Service. When legally required or at Classkick’s discretion, Classkick will cooperate with law enforcement authorities in any investigation of alleged illegal activity in connection with the Service with or without notice to you.

15.3 Termination for Convenience

You may also stop using the Service at any time, subject to your fulfillment of all financial commitments under these Terms, if applicable.

15.4 Effect of Termination

If your right to access or use the Service is terminated, or you decide to discontinue your use of the Service, then (a) all rights and access to the Service will cease, unless otherwise described in these Terms, and (b) any and all fees owed by you to us, if applicable, are immediately due upon your receipt of a final invoice.

15.5 No Refunds

Unless expressly stated otherwise in these Terms, termination under any section of these Terms will not oblige us to refund any fees, to the extent that such fees are applicable to you.

16. Miscellaneous

16.1 Notices

The parties may use emails to satisfy written approval, notice, and consent requirements under these Terms. Notice will be treated as received when the email is sent. You are solely responsible for keeping your email current while accessing or using the Service and being subject to these Terms.

16.2 Assignment

Classkick may assign this Agreement to a successor in interest, as a result of any business reorganization, or in conjunction with a sale of Classkick to a third-party.

16.3 Force Majeure

Neither party shall be liable for any delay or failure to perform resulting from causes outside their reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, school closures, accidents, epidemics or pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

16.4 Subcontracting

Classkick may subcontract obligations under these Terms but will remain liable to you for any subcontracted obligations.

16.5 No Agency

This Agreement does not create any agency, partnership, or joint venture between the parties.

16.6 No Waiver

Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.

16.7 Severability

If any part of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.

16.8 No Third-Party Beneficiaries

These Terms do not confer any benefits on any third party unless it expressly states that it does.

16.9 Equitable Relief

Nothing in these Terms will limit either party's ability to seek equitable relief.

16.10 Agreement to Arbitrate all Claims on an Individualized Basis & Governing Law

You and Classkick agree that any and all disputes or claims that have arisen or may arise between you and Classkick that relate in any way to your use or access to the Service, the actions of Classkick or its agents, or any products or services sold, offered, or purchased shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights.  The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to Arbitrate.

If a dispute arises between you and Classkick, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Classkick related to the Service.

UNLESS YOU AND CLASSKICK AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.  

If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and Classkick’s right to appeal the court’s decision. All other claims shall be arbitrated.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.

The arbitration shall be held in New York, New York or at another mutually agreed location.

The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Classkick.

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services must be commenced within one year after the claim or cause of action arises.

16.11 Survival

Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms. These include, but are not limited to, those Terms regarding representations made by you, disclaimers of warranties, proprietary or intellectual property rights, indemnities, limitations of liability, and the miscellaneous provisions outlined in Section 16.

16.12 Entire Agreement

These Terms set out all terms and conditions agreed upon by the parties and terminate and supersede any and all other agreements between the parties relating to their subject matter, including any prior versions of these Terms. In agreeing to these Terms, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation, or warranty (whether made negligently or innocently), except those expressly stated in these Terms.

16.13 Headers

Headings and captions used in these Terms are for reference purposes only and will not have any effect on the interpretation of these Terms.

16.14 Conflicting Languages

If these Terms are translated into any language other than English, and there is a discrepancy between the English text and the translated text, the English text will govern unless expressly stated otherwise in the translation.

17. Contact Us:

As Classkick takes your privacy concerns very seriously, if you have any questions, concerns, complaints, or suggestions regarding this Policy, please contact us at support@classkick.com – we’d love to help.
You may also call us at (708) 232-0645 and write to us at:

Classkick
Attention: Chief Privacy Officer
2045 W Grand Ave., Ste B, PMB 50472
Chicago, Illinois 60612-1577

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