1. ACCEPTANCE OF TERMS.
Classful, LLC (“Classful”) is an online service that facilitates crowdfunding and social networking between teachers (“Teachers”) and users (“Funders”). This service (the “Service”) is operated from the website www.classful.com (the “Site”). The use of the Classful Service by a teacher to raise money from users will be referred to as a “Teacher Campaign.” The use of the Classful Service by a school to raise money from users will be referred to as a “School Campaign ” or “Campaign”. To participate in the Service, you must read and accept all of the terms and conditions of this agreement. Teachers are also subject to the terms and conditions in Supplemental Terms and Conditions – Teachers and Schools, which is incorporated by reference into this agreement. Classful may modify the terms of this agreement, at its sole discretion, by posting amended terms to the Classful.com website. Your continued use of the Service indicates your acceptance of the amended agreement.
3. RESPONSIBLE USE, CODE OF CONDUCT
As a condition of participation in the Service, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Classful. Further, you warrant that your use of the Service will be in conformity with the Classful Code of Conduct, which is incorporated by reference into this agreement. Classful may remove any content or account at any time for any reason at its sole discretion.
To report any abuse of the Service, please use the contact form at: [email protected]
All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email, or otherwise make available via the Service. Classful does not control, and is not responsible for, Content made available through the Service and, by using the Service, you acknowledge that you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Classful makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content and, under no circumstances, will Classful be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. Any funds generated for charitable or other causes promoted via any Content by teachers or users may be used at the sole discretion of the teachers and users. You acknowledge that Classful does not pre-screen or approve Content, but that Classful will have the right (but not the obligation), in its sole discretion, to refuse, delete, or move any Content that is available via the Service for any reason.
4. INTELLECTUAL PROPERTY
Classful.com, Classful, the Classful logo, and other names, logos, icons, and marks identifying Classful products and services are trademarks of Classful and may not be used without the prior written approval of Classful. All rights not expressly granted in this agreement are reserved.
5.1. Terms Applicable to All Classful Payments
In order to make a donation, you must be over fourteen (14) years of age and be authorized to use a valid credit or debit card issued by a bank acceptable to us. When making a donation, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the purchase items.
Unless otherwise noted in the item description and/or project disclaimer, shipping & handling costs, if applicable, will be charged when you place an order. Shipping & handling costs are displayed where applicable and included in the total price paid at checkout. The Funder will be solely responsible for any customs, excise tax and import fees incurred in relation to any merchandise order, if applicable.
We retain the right to refuse any donation made by you.
5.2. Terms Applicable to Teacher Campaign Payments
Classful and its payment partners may authorize or reserve a charge on your credit card (or other payment method) for any amount up to the full amount of your contribution, at any time between the making of the contribution and the collection of funds.
You may cancel your contribution at any time prior to us notifying you that the Campaign has reached its contribution target by logging onto the Site and going to the “Orders’ section and clicking “See Contribution Details.”
Once a Campaign has reached its contribution target, any refunds issued to a Funder are at Classful’s sole discretion. Where a refund is issued, with a fee of 2.9% + .30, will be credited to the original method of payment, and may take 3 to 4 business days to process. Due to anti-money laundering regulations, Classful will only return funds back to the original credit or debit card used to make the contribution.
Responsibility for fulfilling the Campaign lies entirely with the Teacher, and Funders make contributions entirely at their own risk. We do not represent that contributions will be used as described by a Teacher and Classful will not be responsible for the failure by a Teacher to meet any commitments in relation the Campaign or for the misuse of contributions by the Teacher. Classful may, at its sole discretion, refund Funders for exclusives not received and incomplete projects.
Classful will engage in reasonable efforts to collect monies committed by Funders, however Classful does not guarantee that it will collect the full amount of money committed by Funders. Classful reserves the right to terminate a Campaign and refund all Funders payments at any time for any reason.
Classful may terminate or suspend any and all aspects of the Site or the Service, and your Classful account, immediately and without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Classful account, you may simply discontinue using the Service or contact Classful through at [email protected] All termination requests will be completed within 30 days. All provisions of these Terms of Service will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE, THE SERVICE, AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM CLASSFUL IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES, AND/ OR OTHER CONTENT. THE SITE, THE SERVICE, AND/OR OTHER DOWNLOADED CONTENT ARE PROVIDED ON AN “AS IS” BASIS. CLASSFUL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLASSFUL MAKES NO WARRANTY THAT THE SITE, THE SERVICE, AND/OR ANY OTHER DOWNLOADED CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CLASSFUL DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICE OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL CLASSFUL OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS, OR ANY OF THE SITE CONTENT ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF CLASSFUL IS AWARE, OR HAS BEEN ADVISED OF THE POSSIBILITY, OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLASSFUL’S LIABILITY TO YOU FOR ANY CAUSE OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CLASSFUL FOR THE SERVICE, BUT, IN NO CASE, WILL CLASSFUL’S LIABILITY TO YOU EXCEED THE AMOUNT OF FUNDS DONATED, OR $500, WHICHEVER IS LESS. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO CLASSFUL FOR THE SERVICE, YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND WILL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CLASSFUL, REGARDLESS OF THE CAUSE OF ACTION.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. EXTERNAL LINKS, THIRD-PARTY SITES
Classful may provide links to other websites or resources, however Classful is not responsible for the availability of such external sites or resources, does not endorse such third-party sites or resources, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Classful will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party sites or resources.
You agree to indemnify and hold Classful, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any content posted or shared on or through Classful, your use of the Site or the Service, your conduct in connection with the Site or the Service, or with other users of the Site or the Service, or any violation of this Agreement, any law or the rights of any third party.
10.2. Integration, Severability
This agreement constitutes the entire agreement between you and Classful regarding the use of the Service, superseding any prior agreements between you and Classful relating to the Service. The failure of Classful to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision in that or any other instance.
If any provision of this agreement is deemed invalid, the remainder of this agreement will continue in full force and effect. If any provision of this agreement is deemed unlawful, void, or, for any reason, unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
No variations or amendments to this agreement will be binding upon Classful unless made in writing and signed by a director or officer of Classful.
10.3. Governing Law, Jurisdiction
These terms will be governed by, and construed in accordance with the law of the United States of America, without regard to its conflict of laws principles. Disputes arising in connection with these terms will be subject to the exclusive jurisdiction of the courts of the United States. You waive any claim that any a legal proceeding (including any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper.
END OF TERMS OF SERVICE
SUPPLEMENTAL TERMS OF SERVICE
Classful is an online service that facilitates users (a “Funder”) contributing to teachers (the “Teacher”) and also to contribute to schools (the “School”) (collectively, the “Service”). The Service is operated from the website www.classful.com. The use of the Classful Service by a Teacher to raise money from Funders will be referred to as a “Teacher Campaign.” The use of the Classful Service by a School to raise money from Funders will be referred to as a “School Campaign.” These Supplemental Terms of Service govern the relationship between Classful and a Teacher or a School in relation to the Service.
In registering to use the Service, or during a Campaign, Teachers and Schools may be asked to provide information to Classful relevant to their Campaign. Teachers and Schools will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by Classful.
Classful will deduct its fee before transmitting the proceeds of a Campaign to you. Our standard rate of commission is 2.9% transaction processor fee + $0.30.
International payments and certain payment methods may give rise to higher payment processing costs. We will ensure that your proceeds from a Campaign are not lower than agreed on account of payment processing costs.
Prior to having received any payment from Classful in relation to any Campaign, you may cancel the Campaign at any time (Classful will be responsible for any refunds due to the Funder). However, if you have received payment from Classful in relation to a Campaign you wish to cancel, you are solely responsible for any refund that may be due to Funders up to the total amount you have received from Classful in relation to that Campaign.
Some contributions cannot be collected (for instance, when a Funder’s credit card expires before a contribution has been paid in full, and they do not provide updated payment information). Although Classful will make reasonable attempts to contact a Funder whose payment method is declined in order to rectify the issue, we cannot guarantee that the amount of the contribution you receive will be exactly equal to the target contribution amount minus Classful’s fee.
We do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. Do not take any action in reliance on the receipt of funds until you are in receipt of cleared funds.
2.1. Payment in Relation to Teacher Campaigns
Classful will transfer the amount of the target contribution to the Teacher, at midnight following donation of the Funder’s contribution.
2.2. Payment in Relation to School Campaigns:
Classful will transfer the amount of the target contribution to the School, at midnight following donation of the Funder’s contribution.
2.3. Payment in Relation to PTO / PTA and other non-profit Campaigns:
Classful will transfer the amount of the target contribution to the PTO / PTA and other non-profit’s, at midnight following donation of the Funder’s contribution.
If the Teacher or the School wishes to receive payments other than as detailed above (“Special Payment Request”), Classful will assess each the request and will have sole discretion to decide whether the request is fulfilled. A Teacher or a School must send the Special Payment Request to the campaign manager one week in advance of desired delivery of the requested funds.
3. WITHDRAWAL BEFORE TARGET CONTRIBUTION REACHED
Teachers, Schools, and PTO / PTA and other non-profits may at any time before reaching their target contribution amount, but always with 30-days notice, withdraw from the Service and terminate their Campaign by contacting Classful at: [email protected] and providing explanation for withdrawal.
4. WITHDRAWAL AFTER TARGET CONTRIBUTION REACHED
Teachers and Schools who have reached their target contribution amount are committed to completing the project promised by its Campaign. If, for any reason, this is not possible the Teacher or the School must immediately inform Classful of this fact, and cooperate fully and in the utmost of good faith with Classful to address this situation in a way that is consistent with the interests of Classful, the teacher, and involved Funders.
5. DISBURSEMENT OF CONTRIBUTED FUNDS
Funds collected by Classful for a Campaign will be held in an account for the teacher. Classful will promptly make any contributions required by the Campaign in the Teacher’s name or the School’s name, and then disburse funds to cover the Teacher’s or the School’s project and associated expenses (including Classful’s fee for running the Campaign) directly to the service providers involved.
The Teacher or the School and Classful will agree together on which services providers are suitable for the Campaign requirements, and Classful will contract directly with these service providers for the Teacher’s or the School’s requirements. If Classful has reason to believe that Teacher will not fulfill their Campaign obligations, Classful may cease disbursement of funds for the Teacher or the School, and require that the Teacher or the School enter into discussions with Classful to address Classful’s concerns regarding the fulfillment of the Campaign obligations. If the Teacher or the School and Classful are unable to reach a satisfactory agreement regarding Teacher’s or School’s outstanding Campaign obligations, Classful may terminate the Campaign and refund contributions to Funders of the Campaign in proportion to the amounts remaining in the account for the Campaign. Interest on all funds held will accrue to the benefit of Classful.
6. CHARGEBACKS AND REFUNDS
If, for any reason, Classful is required to refund monies to Funders of a Campaign, the Teacher or the School will fully compensate Classful for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs.
7. INTELLECTUAL PROPERTY
7.1. Teacher represents and warrants that Teacher is the owner of all intellectual property rights to content created or resulting from their Campaign. Teacher grants to Classful a non-exclusive, worldwide, royalty-free license to reproduce, digitally distribute, and otherwise publicly display any content created or contributed by the Teacher as part of the Campaign via any means developed, owned, or controlled by Classful or its partners solely for the purposes of promoting the Teacher’s Campaign or Classful. Teacher also grants to Classful a non-exclusive, worldwide license to (i) to reproduce, display, and distribute any artwork, photographs supplied by the Teacher, metadata, ancillary materials, and editorial content relating to the Campaign, and (ii) to use the name (including professional name(s)), likeness, content, photographs, and biographical material of each Teacher and other individuals involved in the Teacher’s Campaign in connection with promoting the Teacher’s Campaign or Classful. Notwithstanding the foregoing, Teacher acknowledges and agrees that Classful’s business model may involve free promotional distribution of content.
7.2. School represents and warrants that School is the owner of all intellectual property rights to content created or resulting from their Campaign. School grants to Classful a non-exclusive, worldwide, royalty-free license to reproduce, digitally distribute, and otherwise publicly display any content created or contributed by the School as part of the Campaign via any means developed, owned, or controlled by Classful or its partners solely for the purposes of promoting the Teacher’s Campaign or Classful. School also grants to Classful a non-exclusive, worldwide license to (i) to reproduce, display, and distribute any artwork, photographs supplied by the Teacher, metadata, ancillary materials, and editorial content relating to the Campaign, and (ii) to use the name (including professional name(s)), likeness, content, photographs, and biographical material of each Teacher and other individuals involved in the School’s Campaign in connection with promoting the School’s Campaign or Classful. Notwithstanding the foregoing, School acknowledges and agrees that Classful’s business model may involve free promotional distribution of content.
8. REPRESENTATIONS, WARRANTIES AND INDEMNITIES
8.1. Teacher hereby warrants and represents that:
(i) It has the right and power to enter into and fully perform all of its obligations under this Agreement;
(ii) It has the authority and right to provide Classful with the rights granted herein;
(iii) Classful’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right, or other proprietary, intellectual property, contractual, or other right of any person anywhere in the world;
(iv) Neither the projects, nor any other content provided to Classful by the Teacher violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws;
(v) Content provided by Teacher does not include any unlicensed samples, interpolations, or other material. Teacher will have sole responsibility to ensure, as necessary, that all content is fully licensed;
(vi) No agreement of any kind entered into by Teacher does or will interfere in any manner with Classful’s complete performance of this Agreement, or with the rights granted to Classful herein; and
(vii) Classful will not be required to make any payments to third-parties in connection with exploitation of the projects and content provided by Teacher in connection with this Agreement.
Teacher will defend, indemnify, and hold harmless Classful, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of licensor’s representations, warranties, covenants, or obligations.
8.2. School hereby warrants and represents that:
(viii) It has the right and power to enter into and fully perform all of its obligations under this Agreement;
(ix) It has the authority and right to provide Classful with the rights granted herein;
(x) Classful’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right, or other proprietary, intellectual property, contractual, or other right of any person anywhere in the world;
(xi) Neither the projects, nor any other content provided to Classful by the School violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws;
(xii) Content provided by School does not include any unlicensed samples, interpolations, or other material. School will have sole responsibility to ensure, as necessary, that all content is fully licensed;
(xiii) No agreement of any kind entered into by School does or will interfere in any manner with Classful’s complete performance of this Agreement, or with the rights granted to Classful herein; and
(xiv) Classful will not be required to make any payments to third-parties in connection with exploitation of the projects and content provided by School in connection with this Agreement.
School will defend, indemnify, and hold harmless Classful, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of licensor’s representations, warranties, covenants, or obligations.
9. TAX OR OTHER FINANCIAL OBLIGATIONS
Teacher or School will be fully responsible for any taxation or other financial obligations arising out of its participation in the Service. If, for any reason, Classful is required to pay any funds relating either directly or indirectly to a Campaign, Teacher or School will fully reimburse Classful for those amounts within 30 days of being informed of these payments.
10. CODE OF CONDUCT
Classful is an online service that facilitates users (a “Funder”) contributing to teachers (the “Teacher”) and also to contribute to school (the “School”) (collectively, the “Service”).
In order to facilitate this, we require that all users of the Service abide by this Code of Conduct.
Classful may modify the terms of this Code of Conduct, at its sole discretion, by posting amended terms to the Classful.com Site. Your continued use of the Site and the Service indicate your acceptance of the amendments.
10.2. When using the Service prohibited activities include, but are in no way limited to, the following:
– acting in an abusing or threatening way;
– intimidating or impersonating anyone;
– any illegal acts;
– any infringement of intellectual property rights;
– any commercial activities not approved in writing by Classful.
10.3. You will not to post, email, or otherwise make available content:
– that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
– that is pornographic;
– that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
– that impersonates any person or entity, including, but not limited to, a Classful employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
– that includes personal or identifying information about another person without that person’s explicit consent;
– that is false, deceptive, misleading, or deceitful;
– that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
– that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
– that constitutes or contains any form of advertising or solicitation;
– that includes links to commercial services or web sites;
– that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
– that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
– that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.
10.4. You agree not to:
– contact anyone who has asked not to be contacted;
– “stalk” or otherwise harass anyone;
– collect personal data about other users for commercial or unlawful purposes;
– use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Classful;
– post irrelevant content, repeatedly post the same or similar content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
– attempt to gain unauthorized access to Classful’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service or;
– use any form of automated device or computer program that enables the submission of postings on Classful without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system.”
END OF SUPPLEMENTAL TERMS OF SERVICE
CLASSFUL’S COPYRIGHT & DMCA POLICY
This policy explains how Classful responds to allegations of the unauthorized use of copyrighted images, text, or links to allegedly infringing materials under the Digital Millennium Copyright Act (“DMCA”). [Summary of Act, Full Text]
Section 512 of the DMCA outlines the statutory requirements for formally reporting copyright infringement. It also explains how to challenge a notification of claimed infringement by submitting a counter-notice.
THINK LONG AND HARD BEFORE FILING A DMCA NOTIFICATION OR COUNTER-NOTICE
Please think carefully before submitting a claim or counter-notice, especially if you aren’t sure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial penalties for fraudulent and bad-faith claims. Please make sure you are the actual rights holder, or you have a good-faith belief that the material was removed in error and that you understand the repercussions of submitting a false claim.
DO YOU HAVE RIGHTS IN A COPYRIGHTED WORK?
If you aren’t sure whether you own the copyright in a particular work, please consult an attorney before sending a copyright notice to us. (Unfortunately, Classful can’t give you legal advice.)
HOW TO FILE A DMCA NOTICE
To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
1. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed (e.g., a copy of or link to your original work or clear description of the materials allegedly being infringed upon);
3. Identification of the infringing material and information reasonably sufficient to permit Classful to locate the material on our website or services (e.g., a link to the infringing post);
4. Your contact information, including your address, telephone number, and email address;
5. A statement that you have a good-faith belief that the use of the material in the manner asserted 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, you are authorized to act on behalf of the copyright owner.
The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
c/o Copyright Agent
6090 S Fort Apache Rd #110
Las Vegas, NV 89148
or via email to [email protected]
Under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you aren’t sure whether the material you are reporting is infringing your rights, you should consult an attorney before sending us a copyright notification.
HOW CLASSFUL PROCESSES THE CLAIM
We process copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing.
Classful’s response to alleged copyright infringement notices may include removing or restricting access to the allegedly infringing material.
Suppose we remove or restrict access to user content in response to a notice of an alleged infringement. In that case, Classful will make a good-faith effort to contact the affected account holder and provide information concerning the removal or restriction of access, including a copy of the takedown notice, along with instructions for filing a counter-notification.
Where appropriate, Classful may suspend and warn repeat violators, and in more severe cases, permanently terminate user accounts.
WHEN YOU RECEIVE A DMCA NOTIFICATION
If you receive a DMCA notification, it means that the content described in the notice has been removed from Classful or access to the content on Classful has been restricted. Please carefully read our notice to you, which includes information about the notification we received and instructions on how to file a counter-notice.
FILING A COUNTER-NOTICE
Suppose you received a DMCA notification about your material and believe that the material was misidentified or removed in error. In that case, you should file a counter-notice by following the instructions below.
Re-posting material removed in response to a DMCA notification may result in permanent account suspension. If you believe the content was removed in error, please file a counter-notice instead of reposting the material.
To submit a counter-notice, please provide us with the following information:
1. A physical or electronic signature (typing your full name will suffice);
2. 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 (the description from the DMCA notice will suffice);
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Classful may be found, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
To submit a counter-notice, please respond to our original email notification of the removal and include the above information in your reply’s body.
AFTER YOU SUBMIT A COUNTER-NOTICE
When we receive a valid counter-notice, we will promptly forward a copy to the person who filed the original notification. Suppose we don’t receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material. In that case, we may replace or cease disabling access to the material that was removed.
REPEATED OFFENSES POLICY
This policy is to address repeat offenders of copyright infringement. When a copyright notice is filed effectively with Classful against a user regarding one or more pieces of allegedly infringing content, the user will receive one’ strike’ against their account. If the user gets three ‘strikes’ from the same or different copyright holders within one year, we will terminate the user’s account.
The following are the exceptions to this policy:
To submit a counter-notice, please provide us with the following information:
1. DMCA counter-notices and court actions are taken into consideration. If a DMCA counter-notice is filed by a user and is uncontested regarding the allegedly infringing material in question, the corresponding ‘strike’ will be removed from the user account. In the event a court action is filed to restrain the user from reposting the allegedly infringing material, we will wait for the outcome of the legal proceedings to determine if the ‘strike’ will be removed or not.
2. Retraction notices from the copyright holder or their agent will trigger the removal of the corresponding’ strike.’
3. Users who repost allegedly infringing material subject to prior notice or otherwise blatantly infringe others’ rights are subject to immediate deactivation.
4. Copyright holders (one or more) attempt to game the policy by submitting multiple notices on the same day or within a few days regarding content that the same user previously posted will be flagged. For the policy, we will count these reports as one’ strike’.
5. Shops and all other pages or profiles that are reported for infringement are reviewed on a case-by-case basis. When we receive an infringement claim, we evaluate how many accounts are managed by the user and the allegedly infringing material’s scope to determine if the behavior falls under the policy.
END OF DMCA
Classful welcomes your questions or comments regarding the Terms:
6090 S Fort Apache Rd #110
Las Vegas, NV 89148