Class Over, Inc. (the “Company”) provides an online platform for students, parents, teachers and other site visitors (together “Users”) to learn and connect. This platform, and the applications, features and services the Company offers with it, are collectively referred to as the “Services.”
In order to maximize the experience of all Users of the Services, the Company has established these terms and conditions (collectively, the “Terms”). These Terms are a legally binding agreement between each User and the Company, so make sure to read and understand them.
These Terms govern, among other things, what is called user generated content or “UGC.” UGC is content of any kind or nature, whether written material, audio, video, or otherwise, that Users create, upload or transmit on or through the Services. Any User that has caused UGC to be on the Services is subject to these Terms.
2. This is a Legal Agreement
(a) Acceptance of Terms. When a User uses the Services in any manner or fashion, whether through a purchase or trial period, a site visit, by downloading the Company’s software, or through a teaching, parent or guardian relationship, the User hereby agrees to these Terms.
A User may not agree to these Terms if the User is not legally allowed to, or if the User is under 18 years old. Users under the age of 18 (“Minor Users”) require a parent or legal guardian (a “Guardian”) to allow them to use the Services and to agree to these Terms. By permitting a Minor User to use the Services, the Guardian of the Minor User becomes subject to these Terms and agrees to be responsible for the Minor Userʼs activities on the Services. If User (or a Minor Userʼs Guardian, as may be applicable) doesnʼt agree to these Terms, the User may not use the Services.
(b) Changes to Terms. The Company will provide reasonable advance notice of any material updates to these Terms. Notice may be provided by any reasonable means, including email or posting on the Company’s website. Non-material updates (as determined by the Company) that address new features of the Services or those made for legal reasons will be effective immediately, without prior notice. If a User does not agree to any updates to these Terms, the User must stop using the Services. If a User uses the Services after the Company has posted updates to these Terms, that User is agreeing to the updated Terms.
(c) Changes to Services. The Company has the right to update, change or suspend the Services (or any portion thereof) at any time upon notice, which may be made by any reasonable means, including email or posting on the Company’s website. Notice shall be effective immediately thereafter. The Company can change the Services for any reason, including to comply with law, to protect Users, or to protect the Company or its reputation. These Terms will continue to govern upon any updates to the Services.
(d) Termination of Use of the Services. In the event a User ceases to use the Services, all provisions of these Terms which survive expiration or termination will remain in effect.
3. User Accounts
(a) Creating an Account. To access some elements of the Services, Users may be required to create an account (the “Account”). The User agrees to always provide the Company with true information and to keep the information updated. The Company may take steps to make sure that the information Users provide is accurate. A User may never allow anyone else to use its Account (except for Guardians in the case of a Minor User). If a User thinks that its Account is not secure, the User must notify the Company immediately by contacting [support email]. If anyone asks for a Userʼs password or personal information, the User should report them to the Company right away at [support email].
(b) Account Suspension or Termination. If a User violates these Terms, the Company may a suspend or terminate its Account along with further access to the Services. The Company may also suspend or terminate an Account if the Company believes a User is violating its guidelines for appropriate behavior, presenting a security risk to the Company or other Users, infringing intellectual property rights of the Company or third parties, or for any other reason in the Company’s sole discretion. For any Minor Users, a Guardian may ask the Company to terminate the Minor User’s Account by contacting [support email].
4. Cancellation & Refund Policy
(a) Credit Package. You can cancel your credit package for any reason at any time and receive the unstarted part of your package cost back. Bank processing fees (around 3% of each purchase) will be deducted from your refund. Giveaway credits (referral bonus credits, sharing bonus credits, etc.) cannot be refunded.
(b) Unlimited Pass/Monthly Pass. Purchases are non-refundable.
5. Intellectual Property
(a) Ownership of Intellectual Property. The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives, (the “Company Intellectual Property”) are protected by law. All Company Intellectual Property is the property of Class Over, Inc. and/or its third-party licensors.
(b) Prohibitions. These Terms prohibit you from sharing UGC that infringes trademarks, copyrights or other intellectual property rights. If you provide UGC that infringes third party intellectual property rights, your UGC can be blocked or removed. If you are a teacher, you are prohibited from sharing music, videos or other copyrighted content from third party owners without their express written permission, or written permission from the Company.
(c) Policy on Infringement. The Companyʼs intellectual property policy is to: (i) remove or disable access to material that the Company believes in good faith may be infringing the intellectual property rights of a third party through the Services; and (ii) in appropriate circumstances, to terminate the Accounts of and block access to the Services by any User who infringes third party copyrights or other intellectual property rights. By using the Services, you agree to this policy.
If you believe your intellectual property rights are being infringed, please note that we are not in a position to mediate disputes between users and the holders of such rights. That being said, we take your rights seriously and request that you advise us of any allegations of intellectual property rights infringement occurring through the Services by contacting us at [support email]. When you contact us, please provide the following information in writing:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
• A description of the trademark right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property ownerʼs behalf.
6. Use Restrictions
In addition to any other restrictions set forth in these Terms, Users may not (a) lease, lend, sell, redistribute or sublicense any part of the Services, (b) copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology, (c) try to get around any technological measure designed to protect the Services or any technology associated with the Services, (d) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part, (e) use the Services to create malicious or abusive content (as determined by the Company) or any content that violates a Company guideline or policy; or (f) use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws. Unlimited Pass users may not (a) turn off or block the camera during any classes; or (b) be absent more than three times per month. *Otherwise, the upper limit of the current month's sessions will be automatically reduced to 100.
7. Disputes Between Users
(a) Disputes Between Parents or Guardians and Teachers. If a parent or Guardian has a dispute with a teacher, or vice-versa, these Users should first contact each other directly to try to resolve the issue. Many of these issues can be adequately resolved without escalation to the Company.
(b) Escalation to the Company. While the Company is not legally responsible for resolving serious disputes between parents or Guardians and teachers, the Company wants to make sure that everyone enjoys the Platform and Services. As a result, the Company has the right (but not the obligation) to intervene in issues between Users to try to help resolve them. Where direct resolution with another User was not successful, or directly in serious cases of misconduct or threats to the safety of any User or the community, a User may escalate the issue to the Company by contacting the Company at [support email].
If the Company chooses to take action in any dispute between Users, such Users agree that the Companyʼs decision any and remedial action taken is final, and each User will accept that decision. Users agree to work with the Company in a timely manner to resolve all such issues, and failure to do so is a violation of these Terms.
8. Disputes with the Company
(a) Disputes. If there is a dispute between one or more Users and the Company, or any affiliates of the Company (including, without limitation, any of the Company’s officers, directors, employees, contractors, agents, subsidiaries, predecessors, successors or assigns) arising out of or relating in any way to the Terms, the Services or the Company, it will be governed by these Terms. The version of the Terms that governs will be the version in effect when the dispute happened.
(b) No Class Actions and Severability. USER AND THE COMPANY HEREBY AGREE THAT UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER PARTY CAN BRING A CLAIM AGAINST THE OTHER OR ITS AFFILIATES AS A PLAINTIFF OR MEMBER OF A CLASS OR AS PART OF ANYTHING ELSE WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. USER AND THE COMPANY AGREE THAT IF THE CLASS ACTION WAIVER OR ANY PART OF THIS SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, AND THE REMAINING PARTS WILL PROCEED IN ARBITRATION.
(c) Time Period to Bring Claims. USER AND THE COMPANY HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR ELSE IT IS PERMANENTLY BARRED.
(d) Agreement to Arbitrate. If User and the Company are in a dispute, except as provided under the Section entitled “Disputes Excluded” below, User and the Company each agree to handle all claims, actions, causes of action, grievances, or complaints of any kind whatsoever between User and the Company, or the Companyʼs affiliates, including without limitation whether all or any part of the Terms is void or voidable, exclusively through confidential, final and binding arbitration process conducted by the American Arbitration Association (“AAA”) in New York, New York. USER HEREBY AGREES THAT USER IS GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION.
(e) Disputes Excluded. User and The Company agree that nothing in the Section above will be deemed to waive or otherwise limit: (i) User’s right to pursue an enforcement action through a government agency where such right is non-waivable by applicable law; (ii) either party’s right to seek injunctive relief in a court of law; or (iii) the Company’s (but not the User’s) right to file suit in a court of law to address an actual or threatened data theft, corporate espionage, unfair competition, breach of confidentiality, breach of restrictive covenant, or intellectual property infringement matter; or (iv) either party’s right to file suit in a court of law to uphold or enforce an arbitration award rendered under these Terms.
9. License to Use the Services
Subject to the User’s ongoing compliance with these Terms, the Company grants User a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that User owns or controls for Userʼs personal, educational or entertainment use, including the right to download and use, in connection with the Services, software that the Company makes available for download as part of the Services.
10. License of UGC
By using the Services, each User hereby grants the Company a worldwide, perpetual, irrevocable and royalty-free license to use all UGC transmitted on, to or through the Services in any manner without any obligation, including any obligation to pay royalties or other compensation to any other person or party.
11. Third Party Materials
(b) Third-Party Services Disclaimer. User understands that by using the Services, User may come across Third-Party Services that may be considered offensive, or objectionable, may or may not be identified as being objectionable, may contain links or references to objectionable material, and may not be available in all countries or languages. User agrees to use the Services at Userʼs own risk and that the Company will not have any liability to User for content (including Third Party Services) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.
12. Online Safety
The Company cares about the safety of Users. If User sees any content or materials on the Services that is inappropriate for minors or appears to recruit, entice, advertise, or solicit any person to perform an illegal, sexual, hateful or violent act, please immediately report the User and situation to us at [support email].
13. Disclaimers; No Warranties
(a) Disclaimer. Except as may be required by applicable law, the Company is not liable for, nor is the Company obligated to screen, approve, edit or control, UGC that Users upload or otherwise make available on the Services. The Company may, however, at any time and without notice, and without any obligation to User, remove, edit, or block or suspend the availability of any UGC that the Company thinks violates the Terms or is otherwise improper, unsafe or objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against the Company regarding UGC. If notified by a User that UGC allegedly violates the Terms, the Company may investigate and decide whether to remove the UGC (which the Company can do at any time, without notice).
(b) “As Is.” THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND THE COMPANYʼS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
(c) No Responsibility. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR THE COMPANY THAT IS NOT EXPRESSLY STATED IN THE TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USERʼS USE OF OR ACCESS TO THE SERVICES, USERʼS DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14. General Limitations of Liability
(a) No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY AND THE AFFILIATED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USERʼS ACCESS TO OR USE OF, OR USERʼS INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
(b) Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN THE CASE OF UNDISPUTED FEES DUE AND OWING BY THE COMPANY TO A TEACHER FOR SERVICES PREVIOUSLY RENDERED UNDER THESE TERMS, USER AGREES THAT THE AGGREGATE LIABILITY OF THE COMPANY AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PART OF THE SERVICES OR OTHERWISE UNDER THE COMPANY TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $1,000.
15. Digital Millenium Copyright Act
(a) Notice. We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting our Copyright Agent at [copyright email]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C § 512(c)(3) for further details):
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property ownerʼs behalf.
(b) Counter-Notice. Regarding any content that was removed or disabled, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright ownerʼs agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice to our Copyright Agent. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
16. General Indemnities
User agrees to defend and indemnify the Company and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneysʼ fees and costs, arising out of or in any way connected with: (a) Userʼs access to, use of, or alleged use of the Services, including use of User’s Account by any other person; (b) Userʼs violation of the Terms, any representation, warranty, or agreement referenced in the Terms, or any applicable law or regulation; (c) Userʼs actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any dispute or issue between User and any third party. The Company reserves the right, at the Companyʼs own cost, to take on the exclusive defense and control of any matter subject to indemnification by User (without limiting Userʼs indemnification obligations with respect to that matter), and in that case, User agrees to cooperate with the Company defense of that claim.
User hereby represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
18. Third Party Notices
(a) Apple Notice. If User is using the Company’s mobile application (“App”) on an iOS device, User also acknowledges and agrees to the terms of this Section. The Terms are between User and the Company only, not with Apple, and Apple is not responsible for the Services and the content of the Services. Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Services. Apple has no warranty obligation whatsoever as a result of User agreeing to these Terms. Apple is not responsible for addressing any claims by User or any third party relating to the Services or Userʼs use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or Userʼs use of the App infringe that third partyʼs intellectual property rights. User agrees to comply with any applicable third-party terms when using the Services. Apple and Appleʼs subsidiaries are third-party beneficiaries of the Terms, and when User accepts the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against User as a third-party beneficiary.
(b) Notice to California Residents. If User is a California resident, under California Civil Code Section 1789.3, User may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in order to resolve complaints regarding the Services or to get more information regarding use of the Services. If User is a California resident under the age of 18, User may ask the Company (and the Company will comply) to remove certain personal content that User has publicly posted to the Services. This generally includes personal information, but does not include anonymized information, or UGC that User provides (since User has received consideration for providing it). To make such a request, please contact us at [support email]. Userʼs request must include Userʼs username and a specific description of the content that User wants removed so that the Company can find it. The Company will not accept requests via postal mail, phone or fax and may not be able to respond if User provides incomplete information. If User makes a request, it is not a guarantee that the information User posted will be completely removed and there may be circumstances in which the law does not require or allow removal, even if User makes a request.
19. Miscellaneous Terms
(b) Assignment. User may not assign the Terms or Userʼs rights under the Terms, by operation of law or otherwise, without the Companyʼs prior written consent. The Company may assign the Terms at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of the Companyʼs and Userʼs respective successors and assigns.
(c) Enforceability. If any part of the Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from the Terms), and the remaining parts will remain in full force and effect. Nothing in the Terms will be deemed to confer any rights or benefits on a third party (other than Apple as noted in the “Notice Regarding Apple” section).
(d) Survival. Sections 5, 6, 8, 10, 13, 14 and 16 shall survive termination or expiration of this Agreement for any reason.
(e) Waiver. No waiver of any part of the Terms by either User or the Company shall be deemed a continuing or further waiver of any such part or any other part of the Terms, and the Company’s or User’s failure to assert any rights under or part of the Terms shall not be deemed or otherwise constitute a waiver of such right or part.
(f) Interpretation. The section headers in the Terms are for convenience and will not impact the interpretation of the Terms. Be aware that in all cases where the Company is allowed to make a decision under the Terms, that decision is completely up to the Company. Also, User understands that the Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word “including,” or similar is found in the Terms, it means “including, without limitation” and whenever the word “or,” is found in the Terms, it means “and/or.”
(g) Consent to Electronic Communications. By using the Services, User agrees to receive certain electronic communications from the Company. User agrees that any notices, agreements or other messages that the Company sends to User electronically will satisfy any legal requirements.
(h) Compliance with Laws. When using the Services, User will comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services). User shall not permit a Minor User to use the Services with the oversight and supervision of a parent or Guardian.
(h) Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. Except with respect to enforcement of an arbitration award, which may be brought in any court having jurisdiction thereof, with respect to any other court proceeding allowed under the Terms, User consents to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York for the purpose of litigating any dispute, except as otherwise required by applicable law, and waives and agrees not to raise any defense based on personal jurisdiction or inconvenient forum in any such proceeding.
Last Updated: Nov 10, 2022