Terms of Use

Welcome to ClassHook! We are excited to provide an interactive platform designed to promote learning opportunities within popular media. We have a few rules you need to follow so it's important for you to read this Terms of Use ("Terms") very carefully.

This contract is a binding, legal document between ClassHook and you governing the use of the ClassHook website. These Terms govern and apply to all persons who access and use ("Users") ClassHook's domain and related service domains (the "Website"), and ClassHook's service consisting of the Website ("ClassHook," or "Services"). By accessing or using ClassHook, you acknowledge that you have read these Terms, understand them, and agree to be bound by the terms and conditions described herein, including ClassHook's Privacy Policy. These Terms set forth the legally binding terms and conditions for your use of the Website and Services. If you do not agree to all of these terms and conditions, do not use our Service.

The Effective Date of this Agreement is June 27, 2020.


  1. Modifications
  2. General Conditions
  3. Copyright Ownership Rights and Procedures
  4. Paid Subscriptions
  5. Prohibited Uses
  6. Integration with Third-Party Services
  7. Your Content
  8. Data Collection and Use
  9. Termination
  10. Warranties and Disclaimers
  11. Limitation on Liability
  12. Indemnification
  13. Dispute Resolution
  14. Force Majeure
  15. Severability
  16. Governing Law
  17. Questions and Contact Information
  18. Entire Agreement

MODIFICATIONS

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.

GENERAL CONDITIONS

ClassHook gives students and teachers the unique opportunity to interact with one another through discussions over popular media. If you post or interact with other Users of the Service, We require that you adhere to generally accepted rules of etiquette and standards of behavior. By using ClassHook and participating in the ClassHook Services, you agree your use of the Service will adhere to the following

ClassHook Rights and Disclosures
  • We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
  • We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, may mislead other Users, or is otherwise deemed inappropriate by ClassHook.
  • ClassHook does not control, is not responsible for and makes no representations or warranties with respect to any User Content.
  • Please note that this list contains examples but is not exclusive. We do not have an obligation to monitor your access to or use of the Service or to review or edit any information or Content posted to ClassHook by the User. However, we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
  • We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, violates any party's intellectual property, these Terms, or Privacy Policy.
  • We reserve the right, at any time and without prior notice, to remove or disable access to any data or Content submitted by a User, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Service. Deleted content may be stored by ClassHook in order to comply with certain legal obligations and claims. Consequently, ClassHook encourages you to maintain your own backup of your Content. In other words, ClassHook is not a backup service. ClassHook will not be liable to you for any modification, suspension, or discontinuation of the ClassHook Services, or the loss of any Content.
  • We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, violates any party's intellectual property, these Terms, or Privacy Policy.
  • We reserve the right to block use of our API to anyone who violates these terms or for any other reason without notice.
  • We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy, completeness or intellectual property rights of or relating to any Content contained in the Service.
  • Violation of this agreement can result in the termination of your ClassHook account. You also agree to indemnify and hold ClassHook harmless as indicated within the Indemnification section below.
  • While ClassHook prohibits certain conduct and content on the Website, you understand and agree that ClassHook cannot be responsible for the Content posted on its Website and you nonetheless may be exposed to such materials and that you use the ClassHook Service at your own risk.
  • 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.
  • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Responsibility for Service Wide Use
  • You represent and warrant you are old enough to form a binding legal contract with ClassHook (usually, this age is 18 years old). If you are younger than the age to form a valid legal contract with us but older than 13, you must get your parent or guardian's permission to use our Service. ClassHook does not permit children under the age of 13 years to create user accounts unless the account is created with school consent according to the process described in our Privacy Policy.
  • You are responsible for your access to, use of and/or reliance on any User Content.
  • You are responsible for verifying the safety, suitability, and functional state of any items or services given, shared, sold, or received via ClassHook.
  • You must not abuse, harass, threaten, impersonate, or intimidate other ClassHook Users.
  • You may not use the ClassHook Services for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content.
  • You may not intentionally misrepresent any items or services given, or shared, via ClassHook.
  • You may not create or submit unwanted email or comments to any ClassHook Users ("Spam").
Responsibility for User Posts, Account Management, and Identity
  • You may not post inappropriate content; including but limited to nude, partially nude, or sexually suggestive photos.
  • You are responsible for any activity that occurs under your username, so keep your password secure.
  • You may not transfer, share, or otherwise distribute your login to anyone else.
  • You may not impersonate another person or represent yourself as affiliated with ClassHook or ClassHook's staff.
  • You may not use web URLs in your username or posts without prior written consent from ClassHook.
  • You are responsible for ensuring and being able to verify that you have legal standing to offer items (whether giving, exchanging, sharing, or otherwise) posted on or using ClassHook.
  • You are responsible for your conduct and any data, text, information, usernames, graphics, photos, profiles, audio, video clips, and links ("Content") that you submit, post, and display on ClassHook.
  • You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User Content.
Copy Restrictions
  • You may not disassemble, decompile, or reverse-engineer ClassHook or modify another website or product offering so as to falsely imply that it is associated with ClassHook.
  • You may not gather and use information, such as Users' name, real names or email addresses which are made available through the service for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.

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.

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.

ClassHook performs technical functions necessary to offer the ClassHook Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the ClassHook Services.

Here at ClassHook, we make it our policy to fully comply with the United States Digital Millennium Copyright Act (DMCA). Therefore, it is our policy to expeditiously respond to clear notices of alleged copyright infringement. This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to ClassHook as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Website, https://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of ClassHook will comply with applicable copyright laws. However, if ClassHook receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to 17 USC Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

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 below) the following information in a written communication (preferably via email):

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 ClassHook to locate the material;
  • Information reasonably sufficient to permit ClassHook to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • The following statement: "I have 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";
  • The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
  • 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.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

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 below) the following information in a written communication (preferably via email):

  • 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;
  • Your name, address, and telephone number;
  • The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
  • The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
  • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  • Your signature, in physical or electronic form.

Upon receipt of such counter notification, ClassHook will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that ClassHook will replace the removed material or cease disabling access to it in 10 business days. ClassHook will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

ClassHook's Designated Agent to receive notification of alleged infringement under the DMCA is the following:

ClassHook Legal Department
Phone: (516) 528-0482
Address:
93 Fairway Drive
Daly City, CA 94015
USA

Upon receipt of proper notification of claimed of claimed infringement, ClassHook will follow the procedures outlined herein and in the DMCA.

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.

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.

Paid subscriptions: Paid subscriptions can be purchased by paying a monthly or yearly subscription fee. By starting your ClassHook membership and providing or designating a payment method, you authorize us to charge you a monthly or yearly membership fee, depending on the subscription plan you select, 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. You may also provide email notice to billing@classhook.com. 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.

Stripe: 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 Stripe, 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.

PROHIBITED USES

You shall not:

  • Access ClassHook's private API by any other means other than the official ClassHook Services.
  • Access or try to access non-public areas of the Service, our computer systems, or the technical delivery systems employed by our Service.
  • Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the site or any content from ClassHook including but not limited to posted items, User profiles, names, addresses, email addresses, and photos.
  • Transmit any worms or viruses or any code of a destructive nature.
  • In the use of ClassHook Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

INTEGRATION WITH THIRD-PARTY SERVICES

  • If you are using the ClassHook Service combined, integrated, or used with third party products, software applications, or website ("Third Party Service[s]"), you agree that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of their Third Party Services (ii) the functionality of ClassHook or the Service, may be diminished when operating through a Third Party Service; (iii) ClassHook cannot guarantee that the Service shall always be available on or in connection with such Third Party Services.
  • Before using Third Party Services, you must agree to the terms and conditions of the Third Party Service(s) on the basis of which the relevant third party provides its service that is subject of the integration; and to review personal and technical security of the service that is subject of the integration. ClassHook shall rely on the fact that you have reviewed that material.
  • ClassHook shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the Third Party Services. ClassHook has no control over such third parties and is not responsible for the content of their services. ClassHook provides you with Third Party Services only for your convenience. This does not imply any endorsement or any association with such third parties. ClassHook does not warrant the use of the Third Party Services will be uninterrupted or error free. Any concern regarding the Third Party Services should be directed to the responsible third party.
  • By using any Third Party Services, you agree that ClassHook may allow the providers of those third party applications access to your data as required for the interoperation of such third party applications with our Services. ClassHook shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers. By using any Third Party Services, you acknowledge and agree that
    • ClassHook may transfer said data to the providers of third party applications; and
    • ClassHook shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the data ClassHook provides to such third parties.
  • The Services may use YouTube's Embeddable Player and API. You acknowledge and agree that you are subject to YouTube's terms of service and privacy policy, which can be found here: https://www.youtube.com/t/terms
  • The Services may use Stripe's API. You acknowledge and agree that you are subject to Stripe's terms of service and privacy policy, which can be found here: https://stripe.com/privacy

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.

YOUR CONTENT

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.

You retain all of your ownership rights in your Content. However, by submitting Content to ClassHook, you hereby grant ClassHook a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service.

DATA COLLECTION AND USE

Acknowledgment of Our Privacy Policy. You expressly consent to the use and disclosure of personally identifiable information and other data and information as described in the Privacy Policy. Our Privacy Policy not only lists general information practices, but it also lists the data collection and use practices for Users under the age of 13 years old. Please make sure you and your parent or guardian read our Privacy Policy in addition to this document. Our Privacy Policy can be found at https://www.classhook.com/privacy_policy. Notwithstanding anything in the Privacy Policy, ClassHook shall have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source) resulting from your access to and use of the Services. To the extent any such data or information is collected or generated by ClassHook, the data and information will be solely owned by ClassHook and may be used by ClassHook for any lawful business purpose without a duty of accounting to you.

TERMINATION

ClassHook reserves the right to 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.

WARRANTIES AND DISCLAIMERS

You understand and agree that the Service is provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, CLASSHOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:

  • Which users gain access to the Services;
  • What Content you access via the Services; or
  • 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.

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.

LIMITATION ON 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.

INDEMNIFICATION

You agree to indemnify and hold ClassHook harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to the Service, or the use of the Service, (ii) a violation of these Terms, any applicable law or regulation, or the rights of any third party, by any person using your account; (iii) your Content; or (iv) (a) your interaction with any users, (b) your transfer of any item or service, or (c) your creation of an item or service post. Liability for any given item or service offered by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result of a request for or use of an item or service.

ClassHook retains the right to employ ClassHook's own counsel. You remain solely responsible for ClassHook's defense and must obtain ClassHook's written consent to a settlement. You agree to notify ClassHook of a pending suit claiming you have violated a third party's intellectual property or other rights. ClassHook requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your Terms.

DISPUTE RESOLUTION

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.

FORCE MAJEURE

ClassHook shall be excused from performance under the Terms to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quartines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of ClassHook.

SEVERABILITY

If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable.

GOVERNING LAW

This Agreement is governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles. ClassHook's failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights.

QUESTIONS AND CONTACT INFORMATION

Please contact us if you have any questions about our Terms.

Alternatively, ClassHook can be contacted at:

ClassHook, Inc.
(415) 758-3350
2636 Bellmore Ave.
Bellmore, NY 11710
USA

ENTIRE AGREEMENT

These Terms are the complete and exclusive agreement between you and ClassHook regarding your access to and use of the Services. These Terms supersedes any prior agreement or proposal, oral or written, and any other communications between you and ClassHook relating to your use of the Service (except for other agreements you may have or will enter with ClassHook for additional premium services.) In the event of any conflict between the terms of any such agreement and these Terms, then these Terms of this document shall control.