fbpx

Terms and Conditions

Acceptance of the terms and conditions of service

 

Hello and welcome to ClassMaster! (i.e. “we” or “us” or the “Company”). We are delighted to have you as a member of our community and a user of the Website. The terms and conditions set out below (collectively, these “Terms of Service”) apply to your use of the ClassMaster, including any services, content or functionality offered on or via ClassMaster (the “Website”). These Terms and Conditions of Service also include our Privacy Policy, which can be reviewed here.

 

We strive to make ClassMaster quick and simple to set up and use, but please read the Terms and Conditions of Service carefully before you start using ClassMaster, as by using the Website you accept and agree to abide and be bound and by these Terms and Conditions of Service.

We have built ClassMaster to help teachers make better use of technology in their teaching and assessment to improve student learning outcomes. We hope you agree with all of the provisions herein, but should you disagree for any reason you can either leave the website or contact us at support@classmaster.org.

 

Changes to the Terms and Conditions of Service

We reserve the right and expect to amend our Website and Terms and Conditions of Service from time to time, at our discretion as we continue to expand, develop and improve ClassMaster.

 

 

The Website, Privacy and Security

ClassMaster is a work in progress and whilst we are working hard to improve the Website, we cannot guarantee that it will be available or useable on a 24/7 basis. We reserve the right to modify, restrict or remove access to certain features. We will not be liable if any part of the Website is unavailable at any time for any reason, or for any data loss encountered.

In order to access and use ClassMaster, you must create an account by entering your email address and creating a suitable password. We highly recommend that you choose a strong password, containing a minimum of 10 characters, including lower and upper case letters, numbers and special characters. This information must be treated as confidential and not disclosed to any third party or service. If necessary, your password can be reset using the Password Reset link, which can be found here. Should you suspect any breach of security, please notify us immediately at support@classmaster.org.

 

You are permitted to use ClassMaster for your personal, non-commercial use, or legitimate business purposes provided that your activities are lawful and in accordance with these Terms and Conditions of Service. Prohibited uses include but are not limited to violation of laws and regulations, hacking or maliciously interfering with the Website in any manner, or violating the Content Standards set below. No title, right or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted by us are reserved. Any use of the Website not expressly permitted by these Terms and Conditions of Service is a breach of these Terms and Conditions of Service and can lead to your account being removed and a report being filed to the relevant authorities if deemed necessary.

 

All information provided on the Website must be current, correct and complete. We reserve the right to disable or remove any user account, at any time for any or no reason, at our sole discretion, including but not limited to, when in our opinion the user has not complied with the provisions set out in these Terms and Conditions of Service.

 

 

Intellectual Property Rights and Use of our Content and Website

The Website content, design, layout, graphics, software, scripts, code, data and databases are owned by the Company and are protected by the UK and other international intellectual property laws. Unless expressly permitted in writing, or as otherwise permitted by virtue of these terms, no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor shown in public.

 

For purposes of these Terms of Service, the term “Content” includes, without limitation, questions, assessments, analytics, data, text, information, images, videos, graphics, audio clips, written comments or feedback and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content created, uploaded, added, submitted, distributed, or posted to the Website by users (collectively “User Content”) whether posted publicly or transmitted privately, is the sole responsibility of the person who originated such User Content. You accept that all User Content provided by you is complete, accurate, up-to-date, and in compliance with all applicable laws, rules and regulations. You represent that all Content, including User Content, accessed by you using ClassMaster is accessed at your own risk and you are solely responsible for any damages or loss to you or any other party resulting therefrom. We do not make guarantees that any Content you access on or through ClassMaster is or will continue to be accurate.

 

By submitting User Content through the Website, you hereby do and shall grant us a perpetual, worldwide, non-exclusive, fully-paid, royalty-free, sublicensable and transferable license to edit, modify, use, distribute, reproduce, prepare derivative works of, display, perform and otherwise fully exploit the User Content in connection with the Website and our successors’ and assigns’ businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We reserve the right to, but do not have any obligation to, remove, edit or modify any Content at our sole discretion at any time, without notice to you and for any reason, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms and Conditions of Service, or for no reason at all and to remove or block any Content from the Website.

 

We love to hear your Feedback, in the form of suggestions, reviews, comments or recommendations for improvements, modifications or changes to the Website that you may choose at your sole discretion to provide us from time to time. When you provide Feedback, you grant us under all title, right and interest in and to the Feedback, a perpetual, worldwide, non-exclusive, fully-paid, royalty-free, sublicensable and transferable license to use that Feedback or to incorporate it into the Website or other products or services.

 

 

Standards of User Content and Contributions

The Website has been designed to facilitate the creation, modification and usage of user-generated Content, including but not limited to questions, assessments, reports, feedback, comments and messages, which Users can publish, submit, post, display or send to other Users. All Content on the Website must comply with the Content Standards outlined below:

  • Must not contain material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ClassMaster all of the license rights granted herein.
  • Must not contain any material that is abusive, offensive, violent, hateful, inflammatory, defamatory, harassing, obscene or otherwise objectionable.
  • Must not contain or promote pornographic or sexually explicit material, violence, or discrimination based on nationality, sex, religion, race, age, disability or sexual orientation.
  • Must not be used to impersonate a person, User or us or to misrepresent the identity or affiliation with any person or organization.
  • Must not contain or promote any illegal activity or promote, assist, advocate any unlawful act.
  • Must not contain, promote or involve commercial activities or sales, including but not limited to sweepstakes, contests or any other promotions, sales or advertising.
  • Must not be used to scrape or otherwise use automated means to access or gather information from the Website,
  • Must not be used to bypass any robot exclusion measures we may put into place.
  • Must be clear of virus or other malware and not designed to cause issues with of degrade performance of the Website.

 

 

Copyright Information

We do not review all material before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We are not responsible or liable in any way for any action or inaction regarding communications, transmissions or content provided by any user or third party. You hereby acknowledge that you may be exposed to Content from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Content on the Website.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing all relevant information required for us to investigate, by email to support@classmaster.org.

 

We are generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, we expect you to resolve trademark disputes directly with the individual rather than utilizing us as an intermediary.

We may share your personally identifiable information with law enforcement officials, or other third parties, when we are compelled to do so by a subpoena, court order, or similar legal procedure. In addition, we may share personally identifiable information if we believe in good faith that the disclosure of such information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, to investigate violations of our Terms and Conditions or to the extent necessary to meet national security requirements.

 

You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either law enforcement authorities or the Company.

 

 

Disclaimers and Limitations of Liability

All use of ClassMaster is done so at your sole risk. The Website and ClassMaster service are provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for any damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to solicitors or attorney’s fees) arising from your violation of any third-party’s rights. By using the Website, you acknowledge that you have only a limited, non-exclusive, non-transferable license to use it. Because the Website is not error or bug-free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

 

 

Governing Law and Jurisdiction

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable. In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by ClassMaster shall prevail.

The failure or delay of the Company to exercise or enforce any right in these terms does not waive the Company’s right to enforce that right.

 

To the fullest extent permitted by law, these terms and conditions and any issues arising shall be governed and construed in accordance with the laws of the United Kingdom, Great Britain and Northern Ireland, whose courts shall have exclusive jurisdiction.