Terms of Service

THESE TERMS OF SERVICE CONSTITUTE A CONTRACT. AS WITH ANY CONTRACT, IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THIS AGREEMENT FOR YOU. IF YOU DO NOT GET YOUR PARENT OR GUARDIAN TO AGREE TO THESE TERMS, YOU DO NOT HAVE PERMISSION TO USE THIS SITE OR THESE SERVICES IN ANY WAY. ALWAYS GET PERMISSION FROM YOUR PARENT OR GUARDIAN BEFORE GOING ONLINE OR USING ANY ONLINE SERVICE.

Thank you for your interest in School21. These Terms of Service constitute a legal contract ("Agreement") between you and School21, LLC ("Company"), which owns and operates school21.net. Company reserves the right, in its sole discretion, to modify this Agreement at any time, without notice. Such modifications shall be effective immediately upon the posting of the modified Terms of Service to the school21.net website. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.

1. Definition of Services

The school21.net website and domain name and all other websites and domain names affiliated with Company, and any other features, content or services offered by Company in connection therewith (collectively, the "Website") are owned or operated by Company. Subject to the terms of this agreement, Company may offer to provide certain services described in more detail on the Website ("Services").

PLEASE READ CAREFULLY THESE TERMS OF SERVICE. BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, WITH OR WITHOUT REGISTRATION ON THE WEBSITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USER OF COMPANY'S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

2. Eligibility

PERSONS UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITE OR SERVICES, EXCEPT AS EXPRESSLY PERMITTED IN THIS SECTION. By using the Website or Services you represent and warrant to Company that either (i) you are at least 13 years of age or (ii) your parent or legal guardian has consented to your use of the Website and Services.

3. Access to Services

You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract (or, if you under the age of 18, you have your parent's or legal guardian's permission to use the Website and services, and that your parent or legal guardian has read and agrees to this Agreement on your behalf); (ii) all registration information you submit to the Website is accurate, current, complete and truthful; (iii) you will maintain the accuracy of such information; (iv) if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Company may, in its sole discretion, change, suspend or discontinue all or any part of the Services at any time. Company may also, in its sole discretion, impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, hardware, modems, software, internet access and long distance or local telephone services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

If you are accessing the Services as a student, you agree not send us any personal information about yourself, other than that which we request of you when you register for the Services.

If you are accessing the Services as a teacher, or on behalf of a school or district: (i) you represent and warrant that you have permission for your school and/or district to enter into this Agreement and to use the Services, and you further represent and warrant that you are entering into this Agreement on behalf of your school and/or district, and that you have the authority to bind your school and/or district to the terms of this Agreement; (ii) You represent and warrant that you are solely responsible for complying with COPPA, which requires parental consent for online collection of personal information from children under 13 years of age. You must obtain signed, written consent from all parents or legal guardians whose children will be accessing the Services. When obtaining consent, you must provide parents or legal guardians with a copy of our Privacy Policy (//www.school21.net/corporate/privacy_policy). You must keep signed consent forms on file and provide them to Company upon our request. For more information on COPPA, please see wwwlftc.gov/privacy.

If you are accessing the Services as a parent or legal guardian, you understand that your acceptance of this Agreement indicates that you are agreeing to these terms both on your own behalf as well as on the behalf of your child or children who use the Website or Services. No child under the age of 18 may access the Website or Services until after a parent has accepted this Agreement on the child's behalf.

4. Privacy Policy

For information regarding the Company's treatment of personally identifiable information, please see the Company's Privacy Policy at //www.school21.net/corporate/privacy_policy, which is hereby incorporated into this Agreement by reference.

5. User Submissions

As part of the Services, Company may allow you to submit to the Website content including, without limitation, ratings, reviews, comments, questions, images, videos or other communications (collectively, "User Submissions"). You understand that Company may display User Submissions on the Website as part of the Services. By submitting User Submissions to Company you thereby grant Company a worldwide, perpetual, non-exclusive, assignable, transferable, fully paid-up, royalty-free, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Submissions, in whole or in part, in any media formats and through any type of channel, and to allow others to do so. You are solely responsible for your User Submissions and the consequences of submitting them. By submitting a User Submission, you represent, warrant and affirm that: (i) You have the necessary licenses, rights, consents and permissions to use the contents of the submission and to authorize Company and Company's users to use and distribute the contents of the submission; (ii) your User Submission does not and will not: (a) defame, slander, libel, invade the right of privacy or otherwise harm any person, or (b) violate or infringe the right of any third-party, including, without limitation, any copyright, patent, trademark, service mark, trade secret, moral right, privacy right or any other intellectual property or proprietary right. You acknowledge and agree that, in accessing the Services, you may be exposed to User Submissions that are inaccurate, inappropriate, offensive, indecent or objectionable, or that violate intellectual property rights. Company expressly disclaims any and all liability in connection with User Submissions. Company, in its sole discretion, may remove any User Submission from the Website for any or no reason, without notice.

6. Intellectual Property Rights

The Website and Services are protected by copyright, trademark, patent, trade secret and other laws, and Company retains all rights in the Website and Services.

All content displayed on the Website or available through the Service (including, without limitation, text, graphics, images, audio, video, illustrations and photographs) ("Content") is the property of Company, its users or its licensors, and is protected by applicable intellectual property laws. No Content may be modified, copied, distributed, framed, reproduced, republished, broadcast, downloaded, scraped, translated, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the owner's express prior written permission. Company grants eligible users a limited license to access and use the Services and to download or print a copy of Content posted on the Website for personal, non-commercial use. Company may revoke this license at any time with or without cause and without notice.

You acknowledge and agree that the Service and any software used to provide the Service ("Software") is owned by Company or its licensors, and is protected by copyrights, trademarks, service marks, patents and other intellectual property rights and laws. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise try to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service.

7. Account Security

To access Services, you may be required to create an account by registering and establishing a User ID and Password. You shall provide Company with accurate, complete and updated registration information. You may not select or use registration information with the intent of impersonating another person. You are solely responsible for maintaining the confidentiality of all aspects of the account, including the User ID and Password, and you are solely responsible for all activities that occur under your account, User ID and Password. You agree to immediately notify Company of any unauthorized use of your account, User ID or Password, or any other violation of the account's security. Company is under no obligation to take any actions based on such notification. You agree to ensure that you will exit the account each time you are finished using the Services. Company cannot and will not be liable for any loss or damage arising from your failure to protect the security of your account.

8. Fees

Company may offer certain Services in exchange for fees. To access those Services, you will pay all applicable fees, as described on the Website. Company reserves the right to change its fee structure and prices for any Services, and to institute new fees at any time, upon notice to you, which may be sent by email or posted on the Website. Your continued use of those Services following such notification shall constitute your acceptance or any new, modified or increased fees. All fees relating to the Website or Services are final and nonrefundable.

9. Third Party Websites and Embedded Content

The Website and Services may contain links to third-party websites or embedded Content (such as videos) from third-party websites (collectively, "Third-Party Material"), that are not owned or controlled by Company. Company does not endorse any such Third-Party Material or the information, materials, products, or services contained on or accessible through Third-Party Material. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. ACCESS AND USE OF THIRD-PARTY MATERIAL, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH THIRD-PARTY MATERIAL IS SOLELY AT YOUR OWN RISK. Company has no control over, and assumes no responsibility for, the content, appropriateness, accuracy, privacy policies, practices or opinions associated with or represented in Third-Party Material. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third-Party Material. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved in the dispute. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) 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 the Website or 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."

10. Prohibited Use

You are solely responsible for all of your actions when using the Website and Services, and you agree that you will not use the Website or Services to:

(i) Conduct any activities in any manner not explicitly authorized by the Company on the Website or in this Agreement;

(ii) Defame harass, abuse, stalk, threaten, libel, defraud or otherwise violate the rights of others, through the submission of User Submissions or any other means;

(iii) Submit any User Submission that contains inappropriate, profane, pornographic, vulgar, indecent, hateful, offensive, obscene or otherwise objectionable content;

(iv) Solicit personal information about users, including, without limitation, personal data or Website account information such as User ID and password, with or without their consent;

(v) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, access user accounts without permission, utilize another user's User ID or password, or perform any other fraudulent activity;

(vi) Allow any other person to access your account, User ID or password, or transfer your account to any other person;

(vii) Circumvent, disable, remove, damage or otherwise interfere with security-related features of the Website;

(viii) Advertise or offer to sell any goods or services;

(ix) Make unsolicited offers of any kind including, without limitation, promotions, contests, surveys, spam, chain letters, petitions, charity requests or bulk mailings;

(x) Use any means, technical or otherwise, to attempt to circumvent any copyright protection, access control, or license-enforcement mechanisms used to protect Content made available through the Services;

(xi) Infringe or violate the intellectual property rights, proprietary rights, rights of publicity or rights of privacy of others;

(xii) Reproduce, duplicate, copy, sell, resell, sublicense, distribute, transfer licenses granted by this Agreement, or exploit for any commercial purpose any aspect of the Website or Services;

(xiii) Intentionally interfere with or disrupt the Website, the Company's servers or networks, or users' computers, by any means, including, without limitation: (a) transmitting files that contain viruses, adware, spyware, worms, corrupted files or other malicious software programs that damage or disrupt software, computing hardware or telecommunications equipment; (b) interacting with the service in any way other than as an individual using the service as intended, including, without limitation, running any sort of automated software that interacts with the Service;

(xiv) Reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of any part of the Website or Services;

(xv) Use manual or automated software devices, or other processes, to "crawl" or "spider" any page of the Website;

(xvi) Use the Services to violate the security of any computer network, bypass passwords or security encryption codes, or transfer or store illegal, obscene or otherwise inappropriate material;

(xvii) Violate any law, statute, ordinance or regulation;

11. Disclaimer: No Warranties

YOUR USER OF THE WEBSITE, SERVICES AND CONTENT IS AT YOUR SOLE RISK. Company has no special relationship with you or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: what Content you access via the Services, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the services. The Services may contain, or direct you to websites containing, information that some people may find offensive, inappropriate, indecent, objectionable or inaccurate. You bear all risks associated with such Content. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. THE WEBSITE, SERVICES, CONTENT AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF 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: (i) BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHE HARMFUL COMPONENTS, (ii) BE CORRECT, ACCURATE OR RELIABLE, OR (iii) MEET YOUR EXPECTATIONS OF QUALITY, MEET YOUR REQUIREMENTS, RESULT IN ACCURATE OR RELIABLE OUTCOMES, OR HAVE ERRORS CORRECTED. ANY MATERIAL DOWLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DONWLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

IN NO EVENT WILL COMPANY, ITS SUPPLIERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, THAT MAY ARISE OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE AND SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13. Indemnity

You hereby agree to indemnify, defend and hold Company, its officers, directors, employees, parents, subsidiaries, affiliates and partners harmless (including, without limitation, from all claims, losses, damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your submission of Content to the Website, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of these claims.

14. Termination

Your sole remedy for dissatisfaction with the Website, Services, Content, these Terms of Services or your relationship with Company in general is to terminate the Terms at any time by deleting your account through the Website and discontinuing use of any and all parts of the Website and Services. Company may, in its sole discretion, for any or no reason (without cause or for your violation of any term of this Agreement), without warning or notice, and without penalty, terminate your access to the Website (or any part thereof) or Services, which may result in the forfeiture and destruction of all information associated with your use of the Website and Services. Upon termination, your right to access the Website, Services and Content will immediately cease. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. All provisions of this Agreement which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Copyright Violations

Company's policy is to respond promptly to claims of copyright violations. If you believe that your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, notify Company's copyright agent with the following information in writing: (i) The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing including the location within the Services; (iv) your name, address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (vi) a statement made, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Company's designated agent to receive notification of claimed infringement under the Digital Millenium Copyright Act of 1998 ("DMCA") is:

Copyright Infringement Claim Agent
School21
PO Box 11388
Oakland, CA  94611

After receiving a claim of infringement, Company will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of your notice complying or substantially complying with the DMCA, Company will promptly remove or disable access to any material claimed to be infringing and take reasonable steps to notify you that the material has been removed.

16. Miscellaneous

This Agreement constitutes the entire agreement between you and Company, and supersedes and cancels any previous agreements. All modifications of this Agreement must be in a writing signed by both parties, and any subsequent version of this Agreement posted by Company to the Website will be deemed a writing signed by both parties. No employment, partnership, joint venture or agency is created as a result of this Agreement, and you do not have the authority to bind Company in any way. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Company shall not be liable for any failure to perform its obligations under this Agreement from any cause beyond Company's reasonable control, including, without limitation, electronic, mechanical or communications failure or degradation. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. This Agreement may not be transferred or assigned by you. Company may transfer, assign or delegate this Agreement and its rights and obligations without restriction or consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Company may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION. OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Upon termination of this Agreement, any provision which, should by its nature survive, will survive such termination. The section titles in this Agreement are for convenience purposes only, and have no legal or contractual effect.

Last updated: January 9, 2014