(effective beginning March 1, 2014)
We strongly recommend that as you read this User Agreement you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a kidklass user.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective immediately upon being posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and KidKlass, LLC. Your continued use of the Site and the Service following kidklass’ posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
1. What We Do
kidklass provides a service that allows Parents (“Parents”) to find, interact with, and purchase from Class Providers (“Teachers”), who provide pre-specified services and activities (“Classes”). It is important to remember that kidklass simply acts as a facilitator to allow the purchase and sale of Classes. As a result, we have no control over the quality, safety or legality of the Classes advertised, the truth or accuracy of the listings, the ability of Teachers to sell, deliver and operate Classes, or the ability of Parents to pay for Classes and our liability for any damages resulting from the Service or Classes is limited pursuant to the terms and conditions in this Agreement. As either a Buyer/Parent or Seller/Teacher, you should exercise the same level of care and judgment that you would use when transacting through traditional classified advertisements. We cannot ensure that a Buyer/Parent or Seller/Teacher will actually complete a transaction.
a. Identity Verification
Because user verification on the Internet is difficult, kidklass cannot, does not, and is not obligated to, confirm each user’s purported identity. We encourage Parents and Teachers alike to communicate directly with each other through the tools available on the Site.
b. Information Control
We do not control the information provided by other users that is made available through our Service. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using the Service. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals who may operate under a different set of legal and cultural standards. By using this Service, you agree to accept such risks and kidklass is not responsible for the acts or omissions of users on the Service.
2. Usage and Membership
kidklass Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended kidklass members. If you are under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Service.
Further, your kidklass Account and member name may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. You will need a member name and password to access many of kidklass Services. You are solely responsible for maintaining the security of your member name and password and for all activity that occurs under your member name and password. You should not disclose your member name or password to any other person, because you are responsible for any action taken under your member name or password. You are obligated to inform us immediately if you ever suspect that anyone else has gained access to your password.
3. Fees and Services
4. Credit Card Information
kidklass uses secure forms to enable you to enter your credit card information. However, as effective as our system may be, no security is impenetrable and we cannot guarantee the security of our database or your information as it is in transit between you and us. Before your credit card is charged with anything you will have the opportunity to review, modify, and confirm the fee-producing transaction you are contemplating. You will be given every opportunity to understand and expressly agree to all charges before they are applied to your credit card or assessed to your kidklass Account. Specifically, this includes without limitation:
– As a Buyer/Parent, before you purchase a posted Class you will have an opportunity to review your purchase before your credit card is charged, and expressly agree to the fees that you will be charged.
5. Buyer/Parent Policies
Our goal at kidklass is to make your purchasing experience easy and efficient. We take your satisfaction very seriously and the following purchase policies are designed to ensure your understanding of the purchase process at kidklass.
All ticket prices are stated in U.S. Dollars, unless specified otherwise.
b. Pricing and Availability
kidklass provides a service through which you can buy Classes that are provided by people and companies who are unrelated to kidklass. All decisions on pricing and Class availability are made by these Teachers, and kidklass has no role in determining these prices and availabilities. Prices are per person, unless otherwise specified.
c. Class Descriptions and Seller/Teacher Policies
Whenever a Seller/Teacher lists a Class for sale on kidklass, the Seller/Teacher specifies all relevant descriptions and terms for that Class. The description and terms may include without limitation a general description; a description of what is not included in the purchase price; the meeting location, start time and duration of the Class; specific policies you must agree to when purchasing that particular Class; and, if applicable, answers to Frequently Asked Questions.
Neither kidklass nor the Seller/Teacher can control all information regarding these Classes that may be listed in third-party sources (for example, press coverage and other websites). As a result, when you buy a Class, you should do so relying only on the Class’ details as listed by the Seller/Teacher on kidklass.wpengine.com at the same time that you are purchasing your tickets. Information from any other source is not relevant, and has no impact on the terms of your ticket purchase.
Specifically, there are two types of information that are expressly not relevant to your class purchase, and which you should ignore when buying tickets through kidklass:
1) Information garnered from any other sources, including but not limited to: press articles and media coverage; any other website besides kidklass.wpengine.com (including any web sites run by the Seller/Teacher itself); paid advertisements; and; advice from individuals who have taken this Class in the past.
2) Any changes to this Class’ listing on kidklass.wpengine.com which were made AFTER the class purchase was completed.
When you elect to buy a Class through the Service, you are agreeing to pay for that Class and you are authorizing kidklass to charge your credit card for the full amount, including any service fees. In all such Class purchases, the person making the purchase shall be deemed to have accepted the purchase conditions on behalf of the persons named as the attendees for the Class.
When purchasing tickets, you are often able to include a personal message for the Seller/Teacher of the Class for which you are purchasing tickets. This message is purely for informational purposes, for you to communicate something to this Seller/Teacher. Under no circumstances will anything you have written nullify or modify any of the terms of your purchase.
e. Credit Card Charge
kidklass allows Parents to purchase one or more Classes in a single credit card purchase (“Order”), even when the Classes are provided by different Teachers. Immediately upon purchasing an Order, kidklass charges the Buyer/Parent’s credit card for the total price of all Classes in the Order. The total charges for the Order therefore includes: the total Class price (less any applied discount), plus the total service fees, plus any taxes (as specified by the Seller/Teacher), for each and every Class in this Order.
At no time does kidklass provide the Buyer/Parent’s credit card information to the Seller/Teacher. The credit card charge is paid to kidklass, and the Seller/Teacher is compensated for the sale according to the payment policy in the Seller/Teacher Policies section below.
f. Payment Methods
kidklass currently accepts PayPal, as the only accepted methods of payment for the Service and Classes.
g. Order Confirmation
In the event that you do not receive a Confirmation for a Class after submitting payment information, or you experience an error message or service interruption during the processing of your Order, it is your responsibility to contact kidklass’s Customer Service department to confirm that your Order has been processed. Do not assume kidklass knows of the error; you may be the only person that is aware of any problems that occurred during the purchase process. You will be solely responsible for any losses you incur as a result of your failure to contact Customer Service in a timely manner or confirm processing of the Order.
h. Pricing Errors
If the amount you pay for a Class is clearly or grossly incorrect, resulting from any error, including without limitation an error in a price posted on the Site or otherwise communicated to you, or a malfunction of the Site or other kidklass operated system, then kidklass, upon discovery of the error, will have the right, but not the obligation, to cancel the Class or the Order containing the Class and refund you the amount you paid. kidklass is not responsible for any damages resulting from the refund or cancellation of your Class resulting from the error.
i. Correct Transmission of Names, Email Addresses, etc.
All names, phone numbers, email addresses, and other information for both purchasers and attendees should be correctly given at the time of purchase. Changes cannot be made at a later time. kidklass shall not be responsible for any damages resulting from errors in the provided information.
j. Service Fees
Each ticket purchased at kidklass is subject to a non-refundable Service Fee, also called a Class Fee. The Class Fee will be included in the total amount charged to the Buyer/Parent’s credit card for their Order.
k. Refunds and Exchanges
Once purchased, Classes are generally not refundable and cannot be exchanged for other Classes nor rescheduled to other times. You are responsible for carefully reviewing all information regarding the Class, including without limitation dates, details and policies before purchasing a Class or Order. kidklass is not obligated to issue a Buyer/Parent a refund or an exchange for any purchased Classes or Orders. Teachers are responsible for authorizing exchanges and refunds, including without limitation as described below in the section “Classes Cancelled by Teachers”.
At the time of your Order, the purchased ticket quantity is removed from the Seller/Teacher’s inventory, reducing the number of tickets available for the Class. While this allows us to provide our customers with the clear benefit of guaranteed tickets, it prevents kidklass from being able to refund, reschedule or exchange any tickets. kidklass.wpengine.com’s service fees may not be refunded, even in the event a Seller/Teacher authorizes a refund for a Class.
l. Classes Cancelled by Teachers
From time to time, a Seller/Teacher may reschedule or cancel a Class, in the Seller/Teacher’s sole discretion, including without limitation for weather conditions, or if staff or supplies become insufficiently available to conduct the Class. In the event a Seller/Teacher cancels a Class, kidklass may, but is not obligated to, assist you in your efforts to obtain a refund of your ticket price for the Class. kidklass shall not assist you in any efforts to obtain a refund if you fail to give kidklass proper Notice of the cancellation within twenty-four hours after notice of the cancellation of the Class or the scheduled start time of the Class, whichever is shorter. Any notice given under this section must be given in writing to kidklass, preferably by email, and in the event Buyer/Parent received a confirmation email, such notice must be delivered as a reply email containing the original confirmation email in the body of the reply email.
m. If You Cannot Attend
You will not receive a refund if you cannot attend a Class, unless otherwise determined by the Seller/Teacher and subject to Seller/Teacher policies.
s. Changes to Your Account
You grant kidklass permission, in kidklass’s sole discretion, to make changes to your buyer account information or Account (“Buyer/Parent Amendment” or “Amendment”), including without limitation to (1) correct what kidklass believes to be inaccurate information, such as a misspelled email address; (2) prevent further communications or emails from being sent to you; (3) disable your account or your password. Nothing contained in the preceding sentence shall be deemed to create any duty, and you understand and agree that kidklass has no duty to, and is not required by this Agreement to, make changes to your account or any information you provide to kidklass. kidklass shall not be liable to you or any third party resulting from any Amendment; you are solely responsible to review and amend any and all Amendments and you agree to accept liability for, and indemnify kidklass against any damages resulting from any Amendments, however arising, including without limitation negligence by kidklass.
6. Seller/Teacher Policies
a. Listing Description
You must be legally able to sell the Classes you list for sale on the Site. You must describe your Class and all terms of sale on the listing pages for this Class. As part of the listing process, the Seller/Teacher assigns the prices, meeting location, duration, descriptions, policies, Extras available for purchase, and other details of the Class. Your listings may only include text descriptions, pictures and other content relevant to the sale of the Class. For each Class you list, you warrant and covenant that the listing contains only accurate details and descriptions of the Class. All Class fees must be posted in U.S. Dollars.
Once you list a Class and a Buyer/Parent purchases tickets for that Class, you are responsible for delivering the Class pursuant to all terms and conditions in the listing for the Class. You must provide the Class to all rightful ticket-holders, regardless of the Buyer/Parent’s or attendees’ gender, race, religion, creed, sexual orientation or belief.
You are required to be able to print information from your computer. You must also have unencumbered access to the email account assigned to your kidklass Account. You are required to check that account frequently when selling Classes.
You authorize kidklass to collect the total amount of any purchase made of your Classes. kidklass will charge the Buyer/Parent’s credit card. kidklass will remit payment to you by check or direct deposit twice per each calendar month for the total charges collected on your behalf minus any commissions and service fees assessed.
Payments for Classes
In no event shall you be credited for a Class purchase at any time sooner than two (2) business days after the Class for which it was purchased is scheduled to have completed.
All payments are made in U.S. dollars.
e. Pricing and Availability
kidklass is a service through which you can sell your Classes to Parents who have no relation to kidklass. All decisions regarding pricing and availability are determined by you, and you alone are responsible for these decisions. kidklass does not have any role whatsoever in determining pricing and availability.
You will be charged a commission on all Classes that you sell through kidklass, with the sole exception of Classes that you offer free of charge. Currently, this commission is 10% of the ticket price, with a minimum of $2.00 per ticket. This charge includes the costs of credit card processing for the transaction and all kidklass Services. This commission will be withheld from the amount sent to you in your bi-monthly Seller/Teacher payments. (Any alternative commission amounts must be agreed upon in writing by both Seller/Teacher and kidklass.) For the avoidance of doubt, kidklass shall charge you a commission for each Extra you sell through kidklass.
kidklass may also charge Parents a service fee for tickets for your Class. The service fee is paid solely to kidklass, and will not be remitted to Seller/Teacher. In the event of a cancellation by Buyer/Parent or Seller/Teacher, or any dispute between Buyer/Parent and Seller/Teacher directly or indirectly related to the Class, kidklass shall be entitled to retain the commission and the service fee.
g. Collection of Taxes
kidklass may provide Teachers the ability to collect taxes from Parents on each Class. Options regarding tax collection can be changed separately for each Class offered, and may be managed on the Site. If you opt to collect taxes on any of your sales, kidklass will collect these taxes with each sale and will remit them to you as part of your bi-monthly Seller/Teacher payment. kidklass withholds no commission from any taxes collected.
IMPORTANT: ALTHOUGH kidklass’ TECHNOLOGY MAY ALLOW YOU TO COLLECT TAXES, kidklass HAS NO ROLE WHATSOEVER IN DETERMINING ANY ASPECT OF YOUR TAX POLICY – OUR TECHNOLOGY MERELY PROVIDES THE TOOLS TO IMPLEMENT WHATEVER POLICY YOU NEED TO ADHERE TO. THIS INCLUDES, BUT IS NOT LIMITED TO, DECISIONS REGARDING WHETHER TO COLLECT TAXES AT ALL AND HOW MUCH TO COLLECT. kidklass IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM THE COLLECTION OF TAXES, FAILURE TO COLLECT TAXES OR TRANSMISSION OF COLLECTED TAXES TO YOU. PLEASE CONSULT YOUR TAX ATTORNEY AND/OR ACCOUNTANT FOR ALL TAX ADVICE.
h. Cancellations, Refunds and Exchanges
Standard Policy: No Refunds or Exchanges
kidklass’s standard policy is that all sales are final, and we do not provide refunds on purchased tickets, and do not allow tickets to be rescheduled to other dates or times. You, as a Seller/Teacher, however, may have the ability to override this policy and select another policy on the Site. In the event you choose to cancel or reschedule a Class or issue a refund or an exchange to a Buyer/Parent, kidklass shall be entitled to retain the commission and service fees.
Classes Not Provided or Cancelled by Seller/Teacher
Should you decide to cancel or not provide a service or product that was offered by you through kidklass, you are solely and fully responsible for payment of the commission due and the service fee assessed by kidklass. In this situation, Seller/Teacher is responsible for contacting Parents to inform them of the cancellation. Also in this situation, you must authorize any refunds for sales or tickets that you wish kidklass to process on your behalf.
In the event that a Buyer/Parent informs kidklass that a purchased Class was not provided by the Seller/Teacher, or that the Class provided was materially different than the description and terms listed on kidklass for this Class, kidklass may conduct an investigation to determine the pertinent details of the situation. If kidklass, in its sole discretion, finds that the Buyer/Parent was correct in this assertion, kidklass reserves the right to refund all charges for this purchase to the Buyer/Parent. kidklass, in its sole discretion, may refuse to remit payment to your account for the Class pending resolution of a complaint by a Buyer/Parent.
Processing of Refunds and Payment Adjustments
The commissions and service fees for any refunds, regardless of the refund’s cause, shall be deducted from the next check remitted by kidklass to Seller/Teacher, provided that the funds to be remitted are sufficient to cover such charges. If the amount of the check is not sufficient, kidklass will continue to deduct the amounts from future checks until the commissions and ticket charges attributable to cancellations have been covered by Seller/Teacher.
In the event that a Buyer/Parent disputes charges after kidklass has already paid Seller/Teacher the disputed funds, and is successful in demanding that the credit card company return his or her money, kidklass reserves the right to deduct from Seller/Teacher’s next or later payment, the full amount of the funds which must be reimbursed to the Buyer/Parent, including any commission amount and service fee.
kidklass also reserves the right to charge the Seller/Teacher for any penalties or amounts charged to kidklass due to a Buyer/Parent’s dispute of a charge, or due to kidklass’s re-presentment of a disputed charge to the credit card company.
i. Inventory and Logistical Application
kidklass will not be liable for any losses arising from your misuse of this application, or from any errors, functionality problems or data loss you may experience, even if these were not caused by you.
Additionally, this application provides a number of areas where you can keep customized notes including without limitation information on specific purchases and Classes. In this section, and all other sections of this application, you are prohibited from entering any of the following information: 1) credit card information for any Parents, whether or not they have purchased tickets through kidklass; and 2) any illegal information. If kidklass becomes aware that you have entered any such information, we have the right, but are not obligated to, block your access to your Account or to terminate your Account altogether.
j. Proof of Purchase
At the conclusion of any purchase of Classes, kidklass may supply Parents with verification of the number of classes purchased, the location for each Class, other relevant Class information, and a Confirmation Code.
k. Grant of License
For the purpose of promoting and facilitating the sale and purchase of your Classes, you grant to kidklass a non-exclusive, universal, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to reproduce, modify, adapt, publish and display the descriptions, images, videos, website content and all other content related to your Business and Classes, including without limitation your name and likeness, biography, and contents of your website, including without limitation all text, videos and photos which may be subject to copyright and trademark, in any media now known or hereafter developed, including without limitation on the Site and on the sites of our marketing partners.
l. Termination of Your Account
You may terminate Your Account at any time, so long as you continue to provide the Classes that were purchased by kidklass Parents prior to this termination. In the event you fail to provide these Classes you are responsible for contacting the affected Parents, informing them and refunding their purchases of Classes via kidklass’ Refund process. If, in kidklass’s sole discretion, you fail to comply with this Section in a quick and reasonable manner, kidklass may, but is not required to, contact and provide the affected Parents with refunds or take such other actions deemed appropriate in kidklass’ sole discretion, and may impose penalties to compensate kidklass and/or affected Parents for the inconvenience, including without limitation withholding payments or assessing incremental fees to your Account.
kidklass IS NOT REQUIRED TO PROVIDE SUCH ADVICE AND YOU ARE IN THE BEST POSITION TO MAKE DECISIONS FOR YOUR BUSINESS, THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU RELY UPON ANY ADVICE FROM kidklass IN MAKING ANY DECISIONS OR TAKING ANY ACTIONS, INCLUDING WITHOUT LIMITATION DECISIONS REGARDING YOUR BUSINESS OR YOUR ACCOUNT, YOU AGREE TO ASSUME THE RISK OF RELIANCE UPON THE ADVICE AND YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN THE EVENT THE ADVICE PROVES TO BE INACCURATE OR NEGLIGENT AND YOUR RELIANCE ON THE ADVICE DIRECTLY OR INDIRECTLY CAUSES DAMAGES TO YOUR BUSINESS OR YOUR ACCOUNT, YOU, ON YOUR OWN BEHALF AND ON THE BEHALF OF YOUR SUCCESSORS, ASSIGNS, AGENTS AND ATTORNEYS, AGREE TO FOREVER RELEASE, AND COVENANT NOT TO SUE, TO THE FULLEST EXTENT OF THE LAW, kidklass, ITS PAST, PRESENT AND FUTURE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR SUPPLIERS (“RELEASEE”) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE ADVICE, HOWEVER ARISING INCLUDING RELEASEE’S NEGLIGENCE IN PROVIDING THE ADVICE OR RELEASEE’S REFUSAL TO MAKE YOUR ACCOUNT LIVE UNLESS YOU COMPLY WITH THE ADVICE.
n. Changes To Your Account
You understand and agree that kidklass’s service for you may include without limitation: (1) telephone and email and other-media customer service support with Parents; (2) technology and internet-based tools, and (3) use of kidklass’s payment processing platform and accounts. As a result, in order, as determined in kidklass’s sole discretion, to increase sales, increase Buyer/Parent satisfaction, reduce the amount of customer service time spent on Parents or for any other reason, kidklass may refuse to allow you to use all or part of the kidklass service unless you accept certain changes recommended by kidklass. In some situations, kidklass may require that you implement the change to your kidklass account or to the marketing that directs Parents to kidklass. In other situations, kidklass may, in its sole discretion, make the changes directly to your Account.
You grant kidklass permission to make changes to your Seller/Teacher account information, User Content, or Account (“Seller/Teacher Amendment” or “Amendment”), including without limitation, in kidklass’s sole discretion (1) to add, remove or modify text, images, policies, FAQ’s, and other materials that market or describe your activities to Parents; (2) to add, remove or modify prices, start times, meeting locations, durations or other variables associated with your activities; (3) to add, remove or modify communication settings, email addresses, phone numbers or other variables that impact how kidklass and Parents communicate with you.
Nothing contained in this Subsection shall be deemed to create any duty, and you understand and agree that kidklass has no duty to, and is not required by this Agreement to, make changes to your account or any information you provide to kidklass. Amendments shall be considered a “Consultation” for the purposes of and subject to the provisions of this Section 6. kidklass shall not be liable to you or any third party resulting from any Amendment; you are solely responsible to review and amend any and all Amendments and you agree to accept liability for, and indemnify kidklass, as contemplated in section 20, against any damages resulting from any Amendments, however arising, including without limitation negligence by kidklass.
7. User Content
a. Definition of User Content
“User Content” is defined as any information you contribute to the Service or to other users. This may include content provided in the registration or listing process, in any public message area (including the Ratings & Review area) or through any email feature. You are solely responsible for your User Content, and we act as a passive conduit for your online distribution and publication of your User Content. The contributions of third parties do not necessarily represent the view or opinions of kidklass. kidklass cannot preview User Content before it appears.
8. Prohibited Content & Restricted Classes
a. Prohibited Content
Users can be held liable for any illegal or prohibited User Content they provide to the Service. If you discover this kind of material on the Service, please notify us at firstname.lastname@example.org. The following is a partial list of the kind of User Content which is illegal or prohibited on the Service, including without limitation Content that:
– contains vulgar language
– is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– could be harmful to minors;
– harasses or advocates harassment of another person;
– involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
– promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
– violates any law, statute, ordinance or regulation
– infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
– contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
– contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
– displays pornographic or sexually explicit material of any kind;
– provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
– provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
– solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
– engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
b. Illegal Activity
You agree not to use this Service for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Service. You agree not to use or permit anyone to use information provided through the Service for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.
c. Offline Conduct
Although kidklass cannot monitor the conduct of users off the Service, it is a violation of these rules to use any information obtained from this Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Service user without their prior explicit written consent.
9. Unauthorized Use of the Service
a. Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of this Service for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Service for any purpose other than to review activity information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorized by kidklass to do so.
b. Unauthorized Use of the Site
You cannot copy, modify, create a derivative work of, reverse engineer, de-compile, disassemble, or otherwise attempt to discover any source code; or, modify or attempt to modify the Site in any manner of form.
10. Copyright and Trademark
The content and software on this Service, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, video clips and computer programs, is the property of kidklass and/or its suppliers and is protected by U.S. and international copyright, trademark and other laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits. kidklass and kidklass.wpengine.com and design are trademarks of kidklass with all rights reserved. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of kidklass and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, “Intellectual Property”) is and shall remain our sole property, and (ii) nothing in this agreement shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of kidklass’s Intellectual Property.
In the event that you have a dispute with one or more users, you release kidklass (and our officers, directors, agents, parents, subsidiaries, joint ventures, affiliated companies, legal representatives and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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.” IF YOU ARE A RESIDENT OF ANY OTHER STATE OR FOREIGN COUNTRY, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER JURISDICTION.
kidklass is a service for people over the age of 18 that is open to the public. Use of kidklass therefore has all the risks associated with any public place, and anyone using kidklass assumes full responsibility for the risks associated with entering public places. kidklass acts as a third party carrier to the users of the Service and is not responsible for the actions of those who use the Service, nor is it responsible for any consequences that occur due to the use, misuse, nonuse or unavailability of kidklass. We neither bear nor assume responsibility for the content, information, statements or interests (public or private) expressed by visitors, members, Parents and Teachers on the Service.
As a public site, kidklass does not and will not discriminate based on race, religion, gender, sexual orientation, creed or belief, nor can it protect anyone from offenses to or damage and destruction of character, beliefs, property or persons.
12. Access and Interference
13. Violations of the Terms
Without limiting other remedies, we may, but are not obligated to, take any action that we deem appropriate in our sole discretion (including, but not limited to, issuing a warning to you or others, limiting your activity, suspending or terminating service, denying access, removing your User Content, and refusing to provide our services to you, or exercising any other remedy available) without notice to you, and without explanation, for cause or not for cause, including without limitation (a) kidklass believes that your conduct, or the User Content you provide, violates or is inconsistent with these Terms (or any of the documents it incorporates by reference), or violates the law or the rights of kidklass, a client of kidklass or another user of the Service; (b) you are unwilling to cooperate with our investigation of a complaint of a reported violation; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) kidklass determines in its sole discretion to terminate your Account, its Services or any relationship with you.
We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation:
1) For Parents – providing us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, the price you paid for a ticket, and details relating to your (or the attendee’s, if different from yourself) attendance and experience at a Class.
2) For Teachers – providing specific information about activities you have posted, sold and/or provided, attendance of specific Parents, and any other information requested.
Without limiting any other remedies, kidklass may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity in connection with the Service.
c. Disclosure of Information
You agree that kidklass may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. kidklass will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
15. Maintenance, Change and Suspension of Site
kidklass reserves the right at any time to modify, update or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control.
16. No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
kidklass DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. kidklass CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. kidklass DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. kidklass WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. kidklass MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE SERVICE.
kidklass DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, kidklass USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE kidklass SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE kidklass SERVICE. kidklass IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to kidklass at email@example.com. kidklass may or may not investigate the claim and take appropriate action, in its sole discretion.
18. Liability Limit
IN NO EVENT SHALL WE, OUR PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING WITHOUT LIMITATION NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY REPRESENT BARGAINED FOR ALLOCATIONS OF RISK, AND THAT THE PRICING AND OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT SUCH ALLOCATIONS OF RISK.
You agree to indemnify, defend and hold kidklass and its affiliates, and each of kidklass’s and its affiliates’ respective past, present and future officers, directors, agents, subsidiaries, employees, contractors, suppliers and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service. You agree to advance expenses and fees, including reasonable attorney’s fees, to kidklass upon demand in the event kidklass is made a party to or threatened to be made a party to any action, suit, arbitration or other proceeding by any party due to or arising out of your use of the Service.
You also agree that kidklass is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold kidklass and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys’ fees) incurred by kidklass that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state, city or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of kidklass.
20. No Agency
You and kidklass are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as expressly stated otherwise, all notices to kidklass shall be sent to the email addresses provided on the Site (e.g., firstname.lastname@example.org). Our street address is 562 Court Street, Brooklyn, New York 11231. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given on the date the email is sent. Alternatively, we may give you notice by mail, postage prepaid and return receipt requested, to an address provided to kidklass during your registration process or later. In such case, notice shall be deemed given three (3) days after the date of mailing.
22. Dispute Resolution / Governing Law
If you have a dispute, then the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in state and federal courts located in New York County, New York. Notwithstanding anything to the contrary contained in this section “Dispute Resolution / Governing Law”, in the event you bring a lawsuit seeking damages except those damages available in the small claims division of the Civil Court of New York City, you shall submit your dispute to be resolved by binding arbitration with three arbitrators pursuant to the rules of the American Arbitration Association. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral.
No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of kidklass, which we can refuse in our sole discretion. You agree that this Agreement and all incorporated agreements may be automatically assigned by kidklass, in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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.
(Effective as of May 1, 2013)
If you have additional questions, you may send email to email@example.com.
1. An Important Note About Children
Children (persons under the age of 18) are not eligible to use the Site unsupervised and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.
2. Information We Collect
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that are most likely to meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving these purposes.
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our Services, we may require you to provide contact and identity information, billing information, and other personal information as indicated on the forms throughout the Site. You always have the option to not provide information by choosing not to use a particular service or feature.
When you browse through our Site we collect:
• Basic information about your computer, browser and connection to make sure that we can give you proper information and customer service and for security purposes. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address.
• Aggregate information on what pages consumers access or visit, in order to do internal research and to improve our Services.
If you choose to use any services that require registration, such as signing up as a member, buying or selling, we will collect additional information, which might include any of the following:
• Your name or the name of persons for whom you are buying classes;
• Information about your business (eg, business name, mailing address and contact information; etc), if you are using kidklass to sell Classes;
• Your email address and telephone number so we can contact you as necessary;
• A member name and password to use to update your information or use kidklass’s services in the future;
• Credit card information to complete your transactions. (For security purposes, we currently do not store credit card numbers after the session in which you are using them to purchase terminates.)
In specific situations, we may collect, but are not obligated to, other types of information including without limitation the following:
• If you choose to post content on the Site or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
• If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Service, we may but are not obligated to collect such information in a file specific to you.
• If you are a seller on kidklass, we may also collect other users’ comments about.
3. Our Use of Your Information
kidklass uses your personal information to provide you with the information you request about our Services, to ensure smooth buying, selling and delivery of Classes, to confirm your purchases and to ensure that Parents are correctly charged and Teachers are correctly paid. The personal information we collect from you will be shared with our service partners who are involved in fulfilling the purchases you have made from us.
a. Transactions, Customer Service, Credit Card Issuers & Quality Assurance
We use contact information to help us efficiently conduct transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with activities for which you purchased tickets (including without limitation event confirmations, changes and cancellations). Users who buy or sell activities may receive a number of emails throughout the transaction process and they may sometimes receive phone calls from our Customer Service department to ensure smooth transactions.
In some cases we may use service providers to help us perform some of these tasks, and consequently we may share your contact information with these service providers. We may also provide your contact information to your credit card issuer, bank, or to credit card processors for their purposes.
We use your email address to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the Site.
b. Improving kidklass’s Service
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize the Site’s content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site. We may use your demographic information to perform business analyses or to tailor the Site and communications to your interests.
c. Contacting You for Offers and Promotions
d. Service Announcements
On rare occasions it may be necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance, we might send users an email. Generally, users may not opt-out of these communications. However, these communications are not promotional in nature.
e. Providing Teachers with Buyer/Parent’s Information
kidklass sells Classes on behalf of Teachers; kidklass does not produce or otherwise bring you Classes. When you use kidklass to purchase a class, instead of providing your information directly to Teachers, you provide your contact information to kidklass who may then pass that information on to the Teachers on your behalf. In fact, when you purchase or register to purchase a class from kidklass you affirmatively and expressly consent for us to provide your email address, phone number, and other information to the Teachers that bring you the class. This will allow Teachers to contact you using the email address, phone number, or other contact information you provided if needed. Because Teachers are not part of kidklass, Teachers may use your contact information to communicate with you by sending emails or through other means, and may share your contact information with others. If you want to learn about a particular Seller/Teacher’s privacy policies, or you do not want to receive communications from a particular Seller/Teacher, or you have other questions, instructions or concerns to which you would like a Seller/Teacher to respond, then you must contact that Seller/Teacher directly.
f. Providing Parents with Seller/Teacher’s Information
By creating a kidklass seller Account or by posting Classes for sale, Teachers are agreeing to communicate information about their offerings to prospective Parents. This information may include identity information, contact details, information about the business’ history on kidklass, along with other information.
4. Our Disclosure of Your Information
The following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide our Services.
a. Aggregate Information (e.g., Advertisers)
We may share anonymous, aggregated (grouped across all user accounts) demographic information (eg, country, zip code) with business partners and other third parties so that they can make informed decisions on working with kidklass and tailor their communications to the appropriate audience. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you.
b. kidklass Community
Your member name is displayed throughout the Site and throughout other elements of kidklass’s Service and marketing, and is therefore available to the public. Many of your activities on the Site and the Service will be identifiable to your member name. Other users can view your classes for sale, your postings on the Site, and so on. Therefore, if you associate your name with your member name, the people you have revealed your name to will be able to personally identify your kidklass actions. Our pages are not coded with robot exclusion headers, and therefore others may attempt to automatically collect your email address from our site. If you are involved in a transaction, we have features that allow the Buyer/Parent or Seller/Teacher on the other end of this transaction to view certain information to facilitate this transaction, such as your contact information. Further, we may, but are not obligated to, send out notices to you or other community members regarding suspicious activity or policy violations on the Site.
c. Co-Brand Partners
From time to time, kidklass may offer third party services from our site (eg, payment processing). If you choose to use these optional services, we will, by necessity, provide some of your personally identifiable information to the Co-Brand Service Provider offering such services. You can, of course, avoid having us make such disclosures by choosing not to use these services. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
d. Service Providers & Third Party Intermediaries
We may use third party Suppliers and Service Providers to facilitate our services – we may outsource the operations of one or more aspects of our Service to a Supplier or Service Provider who performs services according to our requirements (e.g., search technology, discussion boards, reward programs). For example, in order for this Web site to properly fulfill its obligation to protect all of its users, it is necessary for us to verify your credit card information with a third party. Therefore we may need to provide some of your personal information directly to these service providers.
e. Legal Disclosure and Business Transfer
We may disclose specific contact information when we determine that such disclosure is necessary to comply with law, to enforce intellectual property rights, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of kidklass or other visitors to the Site or users of services or services provided by kidklass. Therefore, intellectual property and other rights owners, and local, state, federal and international law enforcement can request and may receive your personally identifiable information.
Also, your contact information may be passed on to a third party in the event of a transfer of ownership or assets of kidklass. For instance, in the event kidklass goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.
5. Your Use of Others’ Information
In order to facilitate interaction among kidklass community members, our Site allows you limited access to certain aspects of other users’ information. As a seller you have access to the member name, contact and other information of Parents; and as a buyer you have access to the member name, limited business history, and contact and other information of Teachers.
kidklass and our users do not tolerate spam. To report kidklass related spam to kidklass, please email us at firstname.lastname@example.org.
6. Public Areas
7. Control of Your Password
8. Accessing, Reviewing and Changing Your Personal Information
Following registration, you can review and change some of the information you submitted during registration. The specific information that can be changed differs depending on whether you are a buyer or seller, among other things, but may include any email addresses, telephone numbers, user preferences, passwords, and other contact or other information you have provided. You must promptly update your personal information if it changes or is inaccurate.
Some information you enter on the Site cannot be changed once you enter it. For example, without limitation, you cannot change your member name and, once posted, you cannot change or remove any public postings you have made in our Rating & Review area.
9. Other Information Collectors
You are always free to decline our cookies if your browser permits. If you decline a cookie, you will have limited access to the Website and its functions.
b. Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring pages, platform type, date/time stamp. IP addresses, etc. are linked to personally identifiable information. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address, etc. to help identify you and to gather broad demographic information about you.
c. Security and Storage
We strive to take all reasonable steps to keep secure any information which we hold about you. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption and Secure Socket Layers. Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties.
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. However, “perfect security” does not exist on the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. kidklass will not be held responsible for events arising from unauthorized access to your personal information.
All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information.
12. Changes To This Statement
14. Additional Terms