UClass.io Terms of Use

Effective Date of Terms of Service: March 1, 2014

Welcome to uclass.io! UClass.io is a web-based content repository (the “Services”) that enables district, school and organization personnel to store files, tag files, organize files, share files, search for files, view files and download files. Using UClass.io, school districts have a centralized and searchable resource exchange outfitted for their unique needs, making it easy for teachers to find, share and organize district-wide resources.

Please read on to learn the rules and restrictions that govern your use of UClass.io. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at unite@uclass.org or UClass 901 Mission St. Suite 105, San Francisco, CA 94103.

These Terms of Use (the “Terms”) are a binding contract between you and UClass, Inc. (“we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

For the purposes of these Terms, “User” means anyone who accesses and/or registers for our Services, including without limitation school districts, teachers, students, or other users.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the uclass.io website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

UClass takes the privacy of its users very seriously. Please review the current UClass Privacy Policy but we have included some information below related to the Children’s Online Privacy and Protection Act (“COPPA”), because we get a lot of questions about that:

COPPA requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Therefore, we only collect personal information through the Services from a child under 13 where that student’s school, district, or teacher has agreed (via the terms described in the following paragraph) to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment. If you are a student under 13, please do not send any personal information about yourself to us if your school, district, and/or teacher has not obtained this prior consent from your parent or guardian, and please do not send any personal information other than what we request from you in connection with the Services. If we learn we have collected personal information from a student under 13 without parental consent being obtained by his or her school, district, and/or teacher, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at unite@uclass.org.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under 13 will be accessing the Services. When obtaining consent, you must provide parents and guardians with our Privacy Policy. You must keep all consents on file and provide them to us if we request them. For more information on COPPA, please click here. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district.

What are the basics of using UClass?

To use some aspects of the Services, you may be required to sign up for an account, and select a password and user name (“UClass User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), we may require that your UClass User ID be the same as your user name for such third party site or service. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your UClass User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You may only create one account with us. If your account has been suspended or terminated, you may not open another account with us. If you access the Service through a third party site or service, you will provide your third party account credentials to us, and you are consenting to have the information in those accounts transmitted into your UClass account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity (including without limitation a school district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization, school district or entity). If you are a parent, guardian, or other person who enables a child under the age of 13 to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. The Services are intended for use by you only if you are 13 years of age or older.

Permitted Use

You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

We are not responsible for Content

We are not responsible for editing, modifying, filtering, screening, monitoring, endorsing or guaranteeing any Content. Note that we DO NOT provide any educational Content ourselves, and we are not liable for any acts or omissions of Users. Content is to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice.

Connectivity Costs and Equipment

You are responsible for all service, internet and/or other fees and costs associated with your access to and use of the Services, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all equipment required for such access and use.

What are the rights and obligations specific to my Submissions?

We want you to know the following regarding your Submissions:

Your Submissions are not private. Submissions are not private or confidential and may be read, collected, and used by others. To better protect your privacy, do not include information regarding your identity or contact information in Submissions that you post or upload to the Service.

You are responsible for your Submissions. You are fully responsible for all Submissions you contribute, in any manner, to the Services, and for the accuracy of the same, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that UClass shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of your Submissions in any and all media, whether now known or hereafter created, or have any liability to you or any third party as a result of any use of your Submissions as authorized in these Terms.

As between us and you, you are the owner of your Submissions. UClass does not claim any ownership rights in your Submissions. After submitting your Submissions to the Service, you continue to retain all ownership rights in such Submissions, subject to the licenses granted below, and you continue to have the right to use your Submissions in any way you choose.

We are not obligated to pay you for your Submissions. Your school district has a contract with UClass that allows you to find, share and organize educational resources. You do not have to contribute any Submissions, but if you do, they will be governed by these Terms and no royalty or other payment shall be payable by us or anyone else with respect to those Submissions.

Waiver of Personality Rights. You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the use of the Submissions, or any portion thereof, as authorized by these Terms in connection with the Services, or of your name, personality, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating and selling your Submissions, or any advertising or publicity relating thereto.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  • (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including UClass);
  • (b) Violates any law or regulation;
  • (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • (d) Victimizes, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • (e) Jeopardizes the security of your UClass account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • (f) Attempts, in any manner, to obtain the password, account, or other security information from any other User;
  • (g) Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • (h) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • (i) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • (j) Introduces any viruses, Trojan horses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any part of the Services;
  • (k) Copies or stores any significant portion of the Content;
  • (l) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in UClass?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including UClass’s) rights.

You understand that UClass owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Specifically, if you download or otherwise access educational Content available on the Services, you agree not to share such Content with your colleagues or other third parties. You agree not to post your downloaded Content on the Internet or otherwise disseminate it in violation of these Terms.

Do I have to grant any licenses to UClass or to other Users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “Submission.” Some Submissions are viewable by other users. In order to display your Submissions on the Services, and to allow other Users to enjoy them (where applicable), you grant us certain rights in those Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to Submissions that are also your personally-identifiable information. Note that you do not have to contribute Submissions in order to use the Services.

When you submit or upload Submissions to the Services, you retain ownership of any copyright you claim to your Submission. However, by making your Submissions available through the Services, you UClass automatically grant the following licenses.

For all your Submissions, you hereby grant UClass a non-exclusive license to translate, modify (for technical purposes, for example making sure your content is viewable on different devices), store, edit and reproduce and otherwise act with respect to such Submissions, in each case to enable us to operate the Services, as described in more detail below. This license enables us to provide the Services and is not intended to otherwise limit your ownership rights in your Submissions.

You also grant UClass a non-exclusive license to publicly display, perform, and distribute your Submissions for the purpose of making such Submissions accessible to all UClass.io Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Submission in connection with the Services and/or otherwise in connection with the UClass business for any purpose. The licenses granted to UClass also include the right to distribute your Submissions through multiple tiers of sublicensees and for such sublicensees to have all rights necessary for them to offer, deliver, market, promote, demonstrate and sell your Submissions to other Users.

Also, you grant all other Users of the Services a license to access your Submissions, and to use and exercise all rights in it, as permitted by the functionality of the Service, including reproducing such Submissions on personal devices. Note that your Submissions may, if your school district so elects, be shared outside your school district’s UClass.io repository.

You agree that the licenses you grant are royalty-free, perpetual, transferable, sublicensable, irrevocable, and worldwide. You understand and agree that if you delete your account, it may not be possible to completely delete that content from UClass’s records, and that your Submissions will remain viewable elsewhere as part of the Services and to the extent that they were downloaded or stored by other Users.

Finally, you understand and agree that UClass, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your Submissions to conform and adapt those Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like UClass, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; review our complete Copyright Dispute Policy and learn how to report potentially infringing content. To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by UClass. When you access third party websites or use third party services, you accept that there are risks in doing so, and that UClass is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

UClass has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, UClass will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that UClass shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that UClass is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release UClass, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Will UClass ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Services, or by contacting us at (603) 520-8553. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of Submissions, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Please refer to our Privacy Policy as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you wish to delete your account, please contact us at unite@uclass.org. If you have deleted your account by mistake, contact us immediately at unite@uclass.org we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

What else do I need to know?

General Disclaimer.
The Services only form a marketplace of Submissions. We don’t hire or background check contributors, we don’t review Submissions for accuracy, reliability or appropriateness, nor are we responsible or liable for any interactions involved between Users. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Users, including, but not limited to, any User’s reliance upon any information obtained through the Services. You understand that by using the Services you may be exposed to Content that is offensive, indecent, or objectionable. You hereby agree to hold UClass harmless from and against any and all claims that you may have arising out of your access or use of any Content.

Warranty Disclaimer.
UClass does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Any Content or Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from UClass or others. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL UCLASS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF $100, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity.
To the fullest extent allowed by applicable law, You agree to indemnify and hold UClass, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without UClass’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND UCLASS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California or the Northern District of California.

Miscellaneous.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and UClass agree that these Terms are the complete and exclusive statement of the mutual understanding between you and UClass, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind UClass in any respect whatsoever. You and UClass agree there are no third party beneficiaries intended under these Terms.