2. Rules and Conduct
3. General Terms
4. General Conditions
5. Paid Subscriptions
Paid subscriptions: Paid subscriptions can be purchased by paying a yearly subscription fee. For every purchase that is made, $1 US dollar will be donated to a DonorsChoose campaign of ClassHook's choosing. By starting your ClassHook membership and providing or designating a payment method, you authorize us to charge you a yearly membership fee at the then current rate to your payment method. You agree to pay all fees and taxes associated with maintaining your subscription. Subscriptions will automatically renew until you cancel your membership in accordance with section 5(B) below.
Renewal and Cancellation: Upon expiration of the first year of your subscription, the subscription will automatically renew for an additional year, and shall continue to renew every year thereafter, unless you provide notice to ClassHook to opt out of the renewal and change your billing settings to stop the yearly renewal payment. Notice of subscription cancellation must be received by ClassHook at least seven (7) days prior to the date that your subscription is set to renew in order to avoid billing of the next year's subscription fee to your payment method. After cancellation, your account will remain active for the duration of the current subscription term, but will not be renewed at the end of the subscription term, and no further subscription fee will be charged to your payment method.
Braintree: If you wish to purchase a subscription to use our Services, you may be asked to supply certain information relevant to your purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to ClassHook the right to provide such information to third parties, like Braintree, the payment processor, for the purposes of facilitating the completion of the transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any transaction.
No Refunds: All subscription payments are non-refundable and non-returnable.
Price Changes: We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or use of the Service will take effect following email notice to you.
6. Your Rights and Responsibilities Regarding Content Posted on ClassHook
ClassHook does not claim any ownership rights in the text, files, images, photos, videos, sounds, works of authorship, comments, data, information or any other Content that you post on or through the Service, or that is obtained by aggregating or importing from a third party.
When you post Content to the Service, you agree to the following licensing requirements:
Content to which you hold the copyright: When you display, publish, or otherwise input ("Post") Content to the Service that you have created, or to which You own the copyright, you agree to grant ClassHook a broad and expansive license. ClassHook shall receive a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, sub-licensable, and transferable license to use, modify, create derivatives of, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through the media channels now known or hereafter invented.
Content to which you do not hold the copyright: When you Post Content to the Service to which you do not hold the copyright, You represent and warrant that you have the rights or licenses necessary to make the content available on the Service, and you agree to license it. ClassHook shall receive a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, sub-licensable, and transferable license to use, modify, create derivatives of, publicly perform, publicly display, reproduce and distribute such Content, including without limitation distributing part or all of the Content in any media formats through the media channels now known or hereafter invented.
Public Domain Works: In posting Content that is in the public domain, you represent and warrant that you have confirmed the public domain status of the Content under the laws of the United States as well as the laws of any other countries (if you are posting Content that originated from another country).
Attribution: When you Post Content to the Service, we may attribute you by including your User name with the Content or in any other manner within the sole discretion of ClassHook.
No Revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms for all Content you Post to the Service, even if you terminate your use of the Service.
You represent and warrant that you have all rights necessary to grant such licenses to ClassHook under this section, and that the Posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights, intellectual property rights or any other rights of any person.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content.
ClassHook owns and retains all rights in the ClassHook Content and the ClassHook Services. ClassHook hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the ClassHook Content (excluding any software code) and other User Content appearing on or through the Services solely for your personal use and for educational and teaching uses in connection with viewing postings and using the ClassHook Services.
The ClassHook Services contain Content of Users and other ClassHook licensors. Except as provided within these Terms, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any Content appearing on or through the ClassHook Services unless written consent from ClassHook. If ClassHook grants User permission to reuse Content, User agrees to comply with any and all terms of the applicable licenses when User reuses Content from ClassHook.
7. Notice and Takedown Procedure for Copyright Complaints
8. Designated Agent
ClassHook's Designated Agent to receive notification of alleged infringement under the DMCA is:
ClassHook Legal Department
301 King Street, Apt 807
San Francisco, CA 94158
9. Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ClassHook's Designated Agent (listed above) the following information in a written communication (preferably via email):
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Counter Notification
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide ClassHook's Designated Agent (listed above) the following information in a written communication (preferably via email):
Your signature, in physical or electronic form.
11. Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, ClassHook will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
12. Accommodation of Standard Technical Measures
It is ClassHook's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that ClassHook determines are reasonable under the circumstances.
13. Third Party Affiliates
We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if or when you click on or make purchases via affiliate links.
15. Integration with Third Party Services
USER ACCEPTS AND UNDERSTANDS THIS RISK AND WAIVES ALL RIGHTS TO HOLD CLASSHOOK RESPONSIBLE IN ANY WAY, FINANCIALLY OR OTHERWISE, FOR THIRD PARTY ERRORS AND RESULTS.
ClassHook and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in the Service, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service ("Feedback") is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
ClassHook reserves the right, at its sole discretion, to modify or replace any of these Terms on the ClassHook website by sending you notice through the Service by push notification or email. ClassHook may also impose limits on certain features and services or restrict access to parts or all of the Service without notice or liability. You may not opt out of these notifications, and your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
ClassHook may terminate, change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service and related Content.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
How you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services. Except where such disclaimer of liability is prohibited by applicable law, we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
20. Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (3) ANY CONTENT OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (4) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, ClassHook's liability will be limited to the fullest extent permitted by applicable law.
For any dispute you have with ClassHook, you agree to first contact ClassHook and attempt to resolve the dispute with us informally. In the unlikely event that ClassHook has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, "Claims"), by binding arbitration. Unless you and ClassHook decide otherwise, arbitration will be conducted in California. If your claim is for US $10,000 or less, ClassHook agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CLASSHOOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
23. Governing Law
These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.
24. Other Terms
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
26. Questions & Contact Information
Alternatively, ClassHook can be contacted at:
821 Madison St., Apt 3
Brooklyn, NY 11221