The Effective Date of this Agreement is June 27, 2020
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 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 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:
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):
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):
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:
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 firstname.lastname@example.org. 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.
You shall not:
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 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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
Please contact us if you have any questions about our Terms.
Alternatively, ClassHook can be contacted at:
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.