Terms of Service

Class Messenger Terms of ServiceYour agreement to be bound by these Terms of Service:
This is an agreement between Learn Anything Inc., an Ontario corporation (“Class Messenger”), the owner and operator of www.classmessenger.com (the “Class Messenger Site”), the Class Messenger mobile apps, and all content provided by Class Messenger through the “Class Messenger Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND CLASS MESSENGER’S PRIVACY POLICY, WHICH CAN BE FOUND AT www.classmessenger.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree with any of these terms, you may not use the Service.Privacy and Students:
We have made our full Privacy Policy available here and you should read it thoroughly if you have any concerns in that area.Teachers and other school or school district personnel who opt to use the Service are solely responsible for (a) obtaining any necessary consents or approvals, whether from parents, the school, the school district or any other person or entity, and (b) ensuring their use of the Service complies with all applicable laws, regulations, guidelines and policies.Intellectual Property
The design of the Class Messenger Service along with Class Messenger created text, scripts, graphics, features, and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Class Messenger, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Class Messenger reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein for any commercial purposes.User Generated Content
Class Messenger operates by taking user generated content (typically this means your messages to members of your Class) and displaying it for others to read. In order to do this, we require you to grant us a royalty-free, irrevocable and worldwide license to all your content so that we can translate, modify, distribute and reproduce it in the normal course of the operation of the Service. In no way does this change the ultimate ownership of the user generated content. It remains yours and yours alone.

Copyright Infringement Claim Notice and Procedure
Notification of a copyright infringement claim must be submitted to the following:

Learn Anything Inc.
340 King Street East, 2nd Floor
Toronto, Ontario, Canada
(347) 674-8930

The notification must be in writing and include:

  1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of each alleged infringing copyrighted work or works;
  3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
  4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
  5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Conduct

When you register on the Service or join a class, you agree to provide accurate and current information.  You, not we, are responsible for your behavior on the Service, and you must comply with all applicable laws when using the Service. You may not impersonate any person or entity or otherwise misrepresent your affiliation with a school or class or engage in any unauthorized spidering, “scraping” or harvesting of content or personal information.  You may not use the Service to distribute unauthorized materials or advertise or promote commercial goods.  We may, but have no obligation to, monitor user conduct on the Service.  That said, if we become aware of abusive, harassing, threatening, illegal, defamatory, libelous, sexually explicit, obscene, pornographic or otherwise objectionable conduct or statements made on or through the Service, we may remove such content and / or terminate your account and access to the Service immediately and take such other actions that we believe to be appropriate and/or legally required.

Account Termination
We reserve the right, in our sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of Classmessenger.com for any reason, including without limitation for extended periods of inactivity.  Without limitation of the foregoing, we can cancel or suspend your account or other privileges, or otherwise refuse service to you, if you violate this agreement or our other policies or infringe on our intellectual property rights or those of others.

Third Parties

Your communications and dealings with third parties through the Service are solely between you such person or entity, including without limitation other members of your class.  We make no representation or warranty that any user of the Service is who they claim to be.  It is your responsibility to verify the identity or status of any other user with whom you deal, not ours, and you are solely responsible for how you choose to interact with other users and what information you choose to share with them or on the Service.

Limitation of Liability
IN NO EVENT SHALL CLASS MESSENGER, ITS OFFICERS, DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR OTHER RELIANCE ON THE CONTENT OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR OUR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF LEARN ANYTHING HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LEARN ANYTHING UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED FIFTY DOLLARS ($50.00) IN THE AGGREGATE.  IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THE TERMS SHALL REMAIN IN EFFECT.  Any action on any claim against LEARN ANYTHING must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.

Warranty Disclaimer
THE SERVICE AND ANY INFORMATION OR CONTENT ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.  FURTHER, YOU AGREE THAT YOUR USE OF THE CLASS MESSENGER SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CLASS MESSENGER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE SERVICES, INFORMATION, OR CONTENT.  WE DO NOT WARRANT THE TITLE, ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE, INFORMATION, OR CONTENT, AND WE HEREBY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES.  WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY CONTENT THEREON IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Changes to the Service or these Terms
We may change, suspend or discontinue any part of the Service and we may introduce new features or impose limits on features you already use, at any time. We want to keep our users happy but we reserve the right to make these changes and update our Service and policies at any time.  Current Terms of Service will appear on this page.

Governing Law

These Terms of Service are governed by and to be construed in accordance with the laws of the United States and the laws of the State of New York applicable to contracts made and entirely performed in such State.

 

Customer Service
You can contact us at:  support@classmessenger.com

Effective date:  September 3, 2013

Most recently updated:  January 29, 2015

© Learn Anything, Inc. 2015