PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
What is Classes4Classes.org?
The Site is owned and operated by Classes 4 Classes, Inc., a not-for-profit corporation recognized by the IRS and the state of Connecticut as a 501(c)(3) Charitable Organization.
We at C4C aid teachers and students in K-8 classes nationwide by providing a platform on which to enhance their social curriculum. C4C allows classes to create, execute, and raise money for projects for other classes, and exhibit how they implement social curriculum through the creation of these projects.
As a Donor, Receiving Class (RC) Sponsoring Class (SC), or visitor to the Site, you are provided with access to an online collection of information, materials and services related to C4C and its work, including text, quotations, pictures, photographs, audio and video, graphics, logos, marks and artwork, images (collectively, “Content”), as well as software used in accessing the Site, displaying the Content, and utilizing the functionality offered through the Site (“Software”), all of which are subject to this TOU.
Any new Content and Software added to the Site and all revisions, modifications, and enhancements to the Site, the Content or the Software are covered by this TOU effective upon the date of each addition.
We welcome you to our Site and we authorize you to use it only in accordance with the following rules:
- You may use the Site, Content and Software solely as and for the purposes stated on the Site and as described in this TOU.
- You may make one copy of relevant Content for your non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Beyond that, no text, logo, graphic, artwork, sound, image, photograph, video, or Software published on or underlying the Site may be copied, modified, published or otherwise distributed or used without the prior express written permission of C4C.
- Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Site, in any manner, without your receipt of the prior written authorization of C4C.
The information on the Site, the design and layout of the Site, the Content and Software contain elements protected by trademarks, copyright or other intellectual property rights owned by C4C and/or by applicable laws and regulations, and it may not be copied or imitated in whole or in part, except as specifically stated on the Site or in this TOU. All Content, Software and materials on and underlying the Site are copyright (c) 2013 Classes4Classes, Inc. or are licensed or otherwise used by C4C with permission. Except where noted otherwise, all rights to these materials are reserved by C4C or their respective owners. “Classes4Classes.org”, the Classes4Classes.org logo and “Classes 4 Classes” are trademarks and service marks of Classes4Classes, Inc., which reserves all rights to its marks and logos. You hereby agree that you will not infringe on or violate any of the intellectual property rights of C4C or any applicable laws or regulations protecting those rights.
We make reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. C4C retains the right to restrict use of the Sites, in any manner it sees appropriate or change the Site in any manner it sees appropriate without advanced indication or notice. All Site Content and functionality, and all Software underlying the Site, may be changed or updated by us from time to time, without notice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. C4C EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C4C MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL C4C, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE (COLLECTIVELY “C4C AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE C4C AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITES.
YOU UNDERSTAND AND AGREE THAT C4C AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT C4C AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF THERE IS NEGLIGENCE BY C4C OR AN AUTHORIZED C4C REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
C4C neither warrants nor represents that your use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.
Third Party Websites
The Sites may provide links to Third Party Websites (“Third Party Sites”) as a convenience to you. Such Third Party Sites are not maintained by C4C, thus C4C is not responsible for the content, products, services or policies or activities of those Third Party Sites. The inclusion of any link to such Third Party Site does not imply endorsement by C4C of the Third Party Sites.
Third Party Websites Seeking to Hyperlink to the Site
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Sites on your website or any of your social media accounts, you warrant that the content of your website or social media accounts is appropriate and consistent with the stated purposes of the Site and C4C. If this is not the case, please do not link to our Site. C4C reserves the right to rescind the right to link to its Site at its sole discretion.
Use of any C4C trademark, service mark or other intellectual property or content provided by C4C for a hyperlink to a Site is permitted and licensed by C4C solely for the purposes described on the Site, and you shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by C4C, you shall immediately remove any hyperlink to the Site, and discontinue use of any trademarks, service marks or other intellectual property or content provided by C4C.
Creating a Project through C4C
C4C is a non-profit site that allows Sponsoring Classes (SC) to create projects for a Receiving Classes (RC). All SC and RC who use the Site to generate and/or accept a project through site are bound by the TOU stated below.
As the SC, while the specifics of your project are important, the real purpose of our mission resides in teaching kids how to help other kids. By agreeing to this TOU you agree to involve the students of your SC and allow them to contribute to the effort as much as possible, in order to enhance your social curriculum.
As the RC, you are required to create and submit a project through your C4C profile page before the funds contributed by donors through the project created by the SC are released to your school.
Projects are anything that can be packaged or described, and given to another class through crowd-funded donations to the Site. This includes materials, technology, and supplies, as well as providing an experience such as funding a guest lecturer or a field trip for the RC.
Project costs must remain in the rage of $200-$3,000 (ideally between $500-$1,000). The cost must include the amount of the item or experience you are donating, as well as any additional fees such as tax, and shipping or handling fees, transportation, or event related expenses associated with the project. The RC must not incur, and will not be responsible for any additional costs upon receiving the gift. All costs incurred by the project must be taken into account when the project goal is set, and any costs not included will be the responsibility of the SC who created the project.
C4C will add 15% to each monetary project goal. Included in the 15% added by C4C are credit card processing fees (regardless of payment method) and operating fees to run and maintain the Site.
All projects will remain on the site for 90 days. In the event that a project goal isn’t reached within that 90 days, the RC will get whatever funds are raised by that point once released by C4C and the school and teacher of the RC will be granted the liberty to decide how that money is used for the receiving class.
Understand that in this case the money for a given project may not be submitted to the cause indicated as the SC when you started the project. The SC is required to pay it 4ward by submitting a project to C4C before the money you and other donors contributed toward their goal is released by C4C. Until the submit button on their project page is hit, their money is held by C4C.
Once a RC submits their pay it 4ward through the project page, C4C issues a check that is mailed to the school of the RC. The teacher of the RC has read and understands the terms of the gift and its intended use, as outlined by the TOU he or she agrees to in creating his or her project and paying it forward through the Site, by clicking the submit button, before the money is released.
Transitioning from a Receiving Class (RC) to a Sponsoring Class (SC):
When a monetary goal is reached or a project reaches the 90 day mark, the Receiving Class (RC) of that project effectively becomes the Sponsoring Class (SC) through the following process:
- The sponsoring class (Class A) reaches their time (90 day) or monetary goal for the receiving class (Class B)
- The receiving class (Class B) receives an email notification that their goal is reached or their project has been completed and that they can now access their full profile, set up their project, and prepare to take the steps necessary to release their funds.
- The recipient class (Class B) logs in, is directed to their recipient profile, but now has the option to fill in more information as a potential sponsoring class. The profile is one-in-the-same; it just now has additional fields for the creation of their pay it 4ward project.
- Class B completes their profile by filling in information about the project they’ve been creating for their receiving class (Class C).
- Once Class B hits “Submit” on their profile they effectively become the Sponsoring Class (SC). Their project is posted to the site, their money is released by C4C, and class C (now effectively the receiving class) is notified that the projects been created.
Donations through C4C
C4C is a non-profit Site that (1) brings Donors together with K-8 SC in order to fund projects for RC that are intended to generate or enhance social curriculum in the classroom or (2) Allows donors to support the mission of C4C so that it can continue running all Content and Software through the Site and fulfill its mission to enhance social curriculum in K-8 classes nationwide.
C4C is recognized by the Internal Revenue Service (the “IRS”) as a 501(c)(3) Charitable Organization.Donations made to our Organization are tax deductible. All contributions are given in support of our mission to actively engage students in learning a social curriculum through the platform created by our website and their participation in a Caring Class Project. No contributions are given in exchange for any good or services provided by the Organization.
For every transaction, we also ask donors if they (1) want to automatically match a donation to projects that are under the wire and (2) if they want to set up a recurring donation directly to Classes 4 Classes. You are not required to agree to any of these additional donations. However, upon agreeing, you are bound to the additional donations by the same terms that bind you to your original donation.
Provisions Relating to Donors
Thank you for your interest in contributing directly to C4C or funding a student project at Classes4Classes.org. By clicking the “I Agree” button during the sign-up process for donations, the following additional terms of the TOU apply to those users who sign up for a donor account and/or donate to a project on the Site.
By applying to become a Donor, you promise that:
- You are a U.S. citizen at least 18 years old; and
- All information you provide to C4C is accurate, and you will update the information to keep it accurate.
We do not accept donations from anyone who is less than 18 years old. If we determine that any donation was or may have been submitted by any Donor who is less than 18 years old, we will use reasonable efforts to refund that donation.
Receiving Class (RC), Sponsoring Class (SC), and Recurring Donor Responsibilities
If you create an account to create a project and participate as a SC or agree to be the recipient of a project as the RC, you indicate by agreeing to this TOU that all information you provide in your user profile is accurate and will be updated accordingly to remain so. This includes responsibility for rights to all visuals, photos, videos, artworks, and images, including the names, voices, and people included within. C4C will not be held accountable for any representation, accurate or otherwise, of the individuals included within the materials posted by a SC or a RC.
If you create an account to participate as a Donor with a recurring donation to our cause, you indicate by agreeing to this TOU that all information you provide in your user profile is accurate and will be updated accordingly to remain so.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering) for access to account-restricted portions of the Site, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another user or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify C4C of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of C4C, and can be removed by C4C at any time without notice.
In addition to the rights of C4C described elsewhere in this TOU, you agree that descriptions of the proposed activity, the photographs and videos of students and any quotes, art projects, and other materials that C4C may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Recognizing the critical importance of these restrictions in protecting the rights and privacy of the participants, you agree that any breach by you of any of these restrictions may cause C4C and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that C4C may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
Services Provided by C4C
Our efforts include, but are not limited to, screening the proposed student project for compliance with our eligibility requirements.
We take reasonable steps to maintain an updated public school database of K-8 institutions.
C4C reserves the right to exclude any Donor from use of the Sites, in C4C’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.
If, for any other reason, the project cannot move forward (i.e., the Teacher of the RC or SC no longer works at the specified school and does not pass the project on to the teacher taking his/her place, or the Teacher is no longer in good standing with C4C, etc.), all donations made to the project will go directly to C4C which will apply the donations in any manner that it determines is reasonable in its sole discretion.
In rare instances, a SC fails to pay it 4ward by submitting a project through their profile page within a year (365 days). In this instance, unless otherwise necessitated by extenuating circumstances or where indicated by written agreement, the money contributed by Donors for that particular project is kept by C4C. All Donors will be notified that their funds were redirected to C4C and the Teacher of that SC will be excluded from future use of the Site.
C4C cannot be responsible for the success of any proposed or funded projects or for the activities (or lack thereof) of the Teachers or students participating in any proposed or funded projects.
Special Provisions for Teachers:
By clicking the “I Agree” button during the process to sign up for a project, the following additional terms of the TOU apply:
By submitting a project, you promise that:
- You will adhere to the rules outlined by this TOU.
- You will involve your students in your project and use it to enhance social curriculum as much as possible within your ability.However, only you (and not any of your students) are authorized to post or download any Content or Software created by your students to the Site.
- You represent to C4C that you have the consent of your students and (if they are less than 18 years old), to post any Content or Software created by them on the Site.
- You will use best efforts to remove any material that violates or reasonably may violate any of the provisions of this TOU, and you will remove all personally identifiable information regarding the students (other than their first names only) before posting any Content or Software created by them on the Site.
- Any projects you submit are solely for you and your class and are not on behalf of any other teacher or class; and
- You have full rights to any ideas, descriptions and materials you submit to C4C, and that you (and not C4C) are solely responsible for such submission, including its legality and appropriateness, and that all such materials are your original creations and use by C4C will not infringe on any rights of any third party.
By agreeing to receive a project, you promise that:
- You will pay it 4ward by creating your own project once the fundraising goal is reached for the project created for you, or the 90 days is up, whichever comes first.
- You will adhere to the guidelines in the section above, and in the TOU overall.
You will be responsible for the use and maintenance of the confidentiality of your user ID and password for access to Teacher-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another registered member (“Member”) at any time or to disclose your password to anyone else. You agree to only have one account; please note that multiple accounts are prohibited. You agree to exit from your account at the end of each session and to immediately notify C4C of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account.
In addition to the rights of C4C described elsewhere in this TOU, you agree that descriptions of the proposed activity, the photographs of students and the thank-you notes, and other materials that C4C may send you regarding each project you fund are solely for your personal, non-commercial use and may not be distributed, displayed or copied in any way. Any breach of these restrictions may cause C4C and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agree that C4C may immediately seek an injunction against you to stop your distribution, display, or copying of any such materials and you waive any objection to the scope or venue of such an action.
From time to time, C4C or a third party on C4C’s behalf may send you emails regarding important information regarding your use of the Sites. Even if the electronic communication system that sends such emails to your account contains an “opt-out” feature, you acknowledge and agree that it is your responsibility to be aware of the information contained in these emails.
Rights You Grant to C4C
While you retain ownership in the works you create such as the project submissions and al information or materials created by you and communicated or submitted to C4C through the Sites and all materials (with the possible exception of the photographs) which you send to C4C after the completion of the project, you hereby grant to C4C a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sublicensable license to use the submission and project materials, and portions thereof to further C4C’s purposes and activities and to promote C4C and its programs, in any medium, and C4C may copy, publish, display, create derivative works and make other uses of the submission and project materials (in whole or in part) and license others to do the same, for C4C’s purposes, whether or not your project is fully funded.
C4C reserves the right to exclude any Teachers from use of the Sites.
This TOU is governed by the laws of the State of Connecticut and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute or arbitration award regarding use of the Sites or this TOU will be brought exclusively in the federal or State courts located in Fairfield County, Connecticut. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Resolution of Disputes
THIS TOU CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating use of any Site 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 Connecticut, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Connecticut and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or C4C may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Connecticut as may be necessary to protect the rights or property of you or C4C pending the completion of arbitration.
You agree to indemnify and hold C4C and its affiliated entities harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including costs of suit and reasonable attorneys’ fees, made by any third party due to or directly or indirectly arising out of: (1) your use of any Site in breach or violation of any term of this TOU; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any Content or Software you provide to C4C.
If you have any questions about the Sites or this TOU, you may contact us via e-mail at: info@Classes4Classes.org.
Digital Millennium Copyright Act Notice
If you are a copyright owner or an agent thereof and believe that any use of, or text or images posted on this Website, infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) 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 (f) 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.
The address for our designated Copyright Agent, as registered with the United States Copyright Office, to receive notifications of claimed infringement is:
c/o Ryan C. Sheppard
1499 Post Rd., Suite 1040,
Fairfield, CT 06824
Email: info@Classes4Classes.org (put “Attention Copyright Agent” in the reference line).
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you posted any material that was removed pursuant to this Section and believe that the material removed was 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, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts of Connecticut, 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 the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, in our sole discretion.
This TOU, including the terms specifically applicable to Donors and RC and SC, and other policies and notices C4C may post on the Sites necessary for access to Donor and SC and RC portions of the Sites, constitute the entire agreement between C4C and you in connection with your use of the Site, hyperlinks to the Sites and the Content and Software displayed on the Site, and supersedes any prior agreements between C4C and you regarding such matters, including prior versions of this TOU. C4C may update this TOU from time to time by posting revised versions of this TOU on the Site, without notice to you except that the effective date at the top of this TOU will change and your subsequent use of the Site is governed by that new TOU. You should regularly review this TOU to ensure that you are aware of the most current version. The terms of this TOU are effective until terminated by C4C, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this TOU will survive.
If any of these terms and conditions of this TOU should be determined to be illegal,
invalid or otherwise unenforceable by any reviewing court of competent jurisdiction,
such illegal, invalid or unenforceable terms shall be severed and deleted from this
TOU, only within the jurisdiction of such reviewing court, and the remaining
terms and conditions of this TOU shall survive, remain in full force and effect and
continue to be binding and enforceable to the fullest extent permitted by law.