The Web site located at http://www.classcreator.com ("Site") is provided by Class Creator. Your access to and use of the Site is governed by this Subscriber Agreement ("Agreement"). As used in this Agreement, "Class Creator," "we," "us'" or "our" refers to Class Creator, and "you" or "your" refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site.
1. Access and Passwords
As part of the subscription process for this Site, you have selected a particular username and password in accordance with Class Creator's username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services available on it by you or others using your username or password.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site by clicking the "Subscription" link. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable after an initial 90 day trial period. Class Creator may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Class Creator username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Class Creator. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, please call us at: 734-585-5605. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT Class Creator, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now by accessing http://www.classcreator.com/privacy-policy.cfm
4. User Conduct
The Class Creator web site contains Help Forums and other message or communication facilities ("Communication Services") designed to enable you to communicate with the Class Creator support staff and other Class Creator Site Administrators. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Class Creator any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Class Creator nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that Class Creator does not pre-screen all content, but that Class Creator and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Class Creator and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. Participation in the Help Forums is a privilege not a subscriber right. Class Creator retains the right to permanently moderate any forum posts should we deem it necessary for any reason. Moderated posts may never be seen by other users. You specifically agree that Class Creator is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright and Restrictions
This Web site contains proprietary material of Class Creator (or material that other suppliers have licensed to Class Creator for their use) which is protected by copyright and other laws respecting proprietary rights. Class Creator retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Class Creator except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited. End users who are duly authorized may access Class Creator for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only. The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Class Creator. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law. You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Class Creator and/or Class Creator's suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Class Creator, and/or any of Class Creator's suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement. You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Class Creator; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law. You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Class Creator. If you breach any provision of this Agreement, Class Creator may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies
Premium or Platinum customers are permitted to place third party advertising on their sites. Class Creator may require the removal of third party ads for any reason. Free (ads) customers are not permitted to place advertising on any page of the web site. Placing of ads on free sites will incur a warning, and if not removed Class Creator may terminate your Free (ads) web site without additional warnings.
7. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Class Creator web site or other class web sites within our network of sites. Class Creator can detect the use of these systems through live logfile analysis and will ban any future use by offenders.
b. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;
c. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;
d. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;
e. Access the Site by any means other than through the interface that is provided by Class Creator, or attempt or access any area of the Site to which your access is not authorized; or
f. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
8. Accuracy and Availability of Information
The Site contains database information and other content compiled by Class Creator. While we use commercially reasonable efforts to provide accurate information, Class Creator gives no warranty as to the accuracy of the database and other content on the Site. Class Creator reserves the right to withdraw or delete information or content from the Site at any time.
9. Links to Third Party Sites
Class Creator does not endorse the content on any site created using our system. Class Creator is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, News Feeds placed in your site, Third Party Plugins (widgets) added to your site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Class Creator is not your agent and is not a party to any transaction at a Third-Party Site. Class Creator shall also not be responsible for supporting third party plugins or source code obtained from other websites.
10. Representations and Warranties
You represent and warrant to Class Creator that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
11. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY Class Creator AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Class Creator AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Class Creator DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
12. Technical Waiver
You will not hold Class Creator responsible for ANY technical problems, such as a system downage, non or slow delivery of email, or any other technical issue that affects your web site, business, reputation, or profitability, even if the problem was a direct result of our error.
13. Limitation of Damages
IN NO EVENT WILL Class Creator OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF Class Creator HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL Class Creator OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Class Creator FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Class Creator.
16. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement.
17. Copyright Laws
You are responsible for anything you or your members upload to your web site. That includes content, pictures, audio, video, cartoons, clipart, and anything else you or your members upload that was not provided by our system. You do not have the right to post copyrighted material on your web site. If you or your members do and you get caught breaking copyright laws, you are solely responsible for paying any fines or penalties. A word to the wise, unless you look good in stripes, we highly recommend you and your members respect all copyright laws and only post copyrighted material to your web site if you have expressly obtained permission from the copyright holder.
18. Email Ethics
Some of the Class Creator subscription plans allow you to send out class-wide email from your own email address (usually one that you've set up to match your web site domain name). You are responsible for any email you send. Should you send inappropriate content and should your email address get banned, graylisted or blacklisted by any email lists, services and/or email providers, you are solely responsible for attempting to get your email address removed from these lists. Class Creator will not take any responsibility or expend time to correct email banning issues even if you believe your email address has been banned in error by these lists.
19. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
Class Creator may terminate your subscription and/or access, or suspend access to all or part your site, without notice, for:
1) Any conduct that Class Creator, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Class Creator. Class Creator may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
2) You must have an affiliation with the school or alumni association for which you are the Root Administrator. If you don't, and somebody involved with the school or alumni association desires to have Root Admin access to the class, Class Creator may choose to remove you. If you are removed as Root Administrator, Class Connection will return to you a pro-rated refund for any monies paid for the Premium Subscription Plan (if applicable). Class Connection may elect to remove your administrator rights for any reason, at any time.
3) Free (ads) Class Administrators: You must log into the Class Connection application at least one time every 90 days to maintain your Root Adminship. If you do not log in for a period greater than 90 days, a message will automatically post above the right modules seeking a new Class Administrator for the class.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Class Creator in a non-electronic record, and any assignment without Class Creator's consent will be voidable at Class Creator's option. This Agreement will inure to the benefit of and bind the parties' respective successors and permitted assigns.
22. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Michigan, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate Class Creator and/or its affiliates' intellectual property rights, Class Creator and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Washtenaw County, Michigan. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the State of Michigan, County of Washtenaw, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Class Creator may change the provisions of this Agreement. When Class Creator changes the terms of this Agreement, Class Creator will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the "I Agree" button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
24. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Class Creator except in a signed, non-electronic writing signed by an authorized representative of Class Creator.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Class Creator or its affiliates as a result of this Agreement or your use of the Site.