Term of use: Club ability
Effective as of November 5, 2020
ABOUT THE SERVICE
The Service allows you to learn about a wide variety of topics, including computer science, and other subjects, anywhere. Users work with instructors via video conference to learn a range of topics, including Scratch and other programming languages. The Club Ability website, which may be accessed via the web or on your mobile device, is the main hub for learners to access and use the Service, and allows families to schedule classes, see an overview of current and future coursework, assemble and present projects, and many more features in the future.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
As a user of the Service, you will create a personalized account (an “Account”) which includes a unique username and a password to access the Service and to receive messages from Club Ability. You agree to notify us immediately if you become aware of any unauthorized use of your Account. We will not be responsible for any liabilities, losses, or damages arising from or related to any unauthorized use of your Account.
When using the Service, you agree that you will not under any circumstances:
- post anything that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- use the Service for any unlawful purpose or for the promotion of any illegal activity;
- undertake to harass, abuse or harm another person or group;
- use another user’s account, user name, or password;
- provide your user name account, name or password to another person other than your parent or legal guardian
- provide false or inaccurate information when registering or updating an Account;
- undertake to interfere with the proper functioning of the Service;
- make any unauthorized automated use of the system, or take any action that does or might impose an unreasonable or disproportionately large load on our servers or network infrastructure, as determined in our sole discretion;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING & CONDUCT RESTRICTIONS
As part of the Service, you may be able to post or otherwise make available for viewing by you and/or other users content generated by you (“User Content”). You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We may, however, remove any User Content from the Service at our sole discretion and without notice to you. We assume no liability for any damages you may sustain from our removal of your User Content.
You agree that, in your use of the Service, the following rules apply regarding User Content:
- you are solely responsible for your Account and for any User Content posted, uploaded, linked to, or otherwise made available via your Account;
- you will not post User Content that is malicious, false, or inaccurate;
- you will not submit as User Content anything that is subject to third party proprietary rights, including, but not limited to, copyright, privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from the lawful holder of such rights to specifically submit such User Content; and
- we have the sole right to (i) determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, (ii) remove any or all of your User Content submissions, and (iii) terminate your Account with or without prior notice for violating these Terms and Conditions.
You understand and agree that any liability, loss, or damage arising from or related to any User Content that you post, upload, link to, or otherwise make available via the Service is solely your responsibility and agree that you will indemnify Club Ability for damages arising or resulting from your User Content or the User Content of your child or ward. Club Ability is not responsible for any public display or misuse of your User Content. Club Ability does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
LINKS TO OTHER SITES AND/OR MATERIALS
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Termination of Repeat Infringer Accounts. Club Ability respects the intellectual property rights of others and expects users of the Service to do the same. Pursuant to 17 U.S.C. §512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users of the Service who are repeat infringers. Club Ability may terminate access for users who are found repeatedly to provide or post third-party content without the necessary rights and permissions.
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided via the Service infringe your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”; see, 17 U.S.C §512) by sending the following information in writing to our designated copyright agent at [email protected]:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Counter-Notices. If you believe that your User Content that has been removed from the Service is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that we may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against us or you, the removed content may (at the our discretion) be reinstated on the Service after such period has passed.
LICENSES TO YOUR USER CONTENT
You grant to us and our legal successors a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of your User Content in our provision of the Service. This includes, but is not limited to, the right to makes copies and backups; present your User Content to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform any of your User Content which may include audiovisual works such as music or video. This license applies to your User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and also applies to your name, voice, and likeness, to the extent incorporated into your User Content. You also grant to us permission to use your name, voice, likeness, and User Content in the promotion of the Service, in the form of showcased users of the Service on the Service website and other reasonable promotional activities. For any of your User Content which is shared publicly, you grant each other user of the Service a nonexclusive, worldwide license to use, display, and perform your User Content through the Service and, if applicable, to reproduce your User Content solely on the Service, as enabled by the features of the Service.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to us or any of our officers, employees, agents, or representatives in any situation where notice to us is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about your classes, coursework, account status, and other aspects of your use of the Service, as well as other messages about Club Ability and special offers. You may customize your communications options by changing your Account settings or sending an email to [email protected].
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CLUB ABILITY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CLUB ABILITY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE AND ANY DOWNLOADING AND/ OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED THEREFROM. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLUB ABILITY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH CLUB ABILITY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLUB ABILITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT FULLY APPLY TO YOU.