Terms of Use

1. Overview

The Terms of Use are a legally binding contract between you and Class Curious. This contract sets out your rights and responsibilities when you use ClassCurious.com. By using any of our services or browsing our website, you’re agreeing to the Terms of Use. If you don’t agree with the Terms of Use, you may not use our services or use our website.

2. About Us

Class Curious connects people around the world online to sell and buy classes and events.

3. Your Privacy

Our Privacy Policy details how your information is used when you use our website.

4. Your Account with Class Curious

You’ll need to create an account with Class Curious to use some of our services.

  1. You must be 18 or older to use our services. Otherwise, you may only use our services under the supervision of a parent or legal guardian.
  2. You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
  3. You may not choose a username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms of Use.
  4. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms of Use on behalf of the business. Also, your accounts are not transferable.
  5. You should protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  6. Our Terms of Use do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Class Curious.

5. Your Content

Content that you post on our site is your content. We don’t make any claim to it. That includes anything you post, like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.

  1. You are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.
  2. By posting your content on our site, you grant Class Curious a license to use it. We don’t claim any ownership to your content, but we have your permission to use it to help Class Curious function and grow.
  3. By posting your content, you grant Class Curious a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content to provide the services and to promote Class Curious, your Class Curious shop, or the services in general, in any formats and through any channels, including across any Class Curious Services or third-party website or advertising medium.
  4. If your content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
  5. There are certain types of content we don’t want posted on ClassCurious.com(for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms of Use. You also agree not to post any content that is false and misleading or uses the Class Curious in a manner that is fraudulent or deceptive.

6. Your Use of Our Site

We grant you a limited, non-exclusive, non-transferable and revocable license to use ClassCurious.com —subject to the Terms of Use and the following restrictions in particular:

  • A. You agree that you will not violate any laws in connection with your use of ClassCurious.com. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not list anything that violates any laws; and don’t commit fraud, theft or any other crimes against Class Curious, another Class Curious user or a third party.
  • B. You are responsible for paying all fees that you owe to Class Curious. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our services.
  • C. You agree not to “crawl,” “scrape,” or “spider” any page of the services or to reverse engineer or attempt to obtain the source code of the services.
  • D. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • E. The names “Class Curious” and the other Class Curious marks, phrases, logos and designs that we use in connection with our services, are trademarks, service marks or trade dress of Class Curious in the U.S. and other countries.
  • F. Any unsolicited ideas or other materials you submit to Class Curious (not including your content or experiences you sell on our site) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  • G. Class Curious will provide you with certain legal information in writing. By using our services, you’re agreeing to how we provide that information to you, in that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. You may terminate your account with Class Curious at any time from your account settings. Terminating your account may not affect the availability of some of your content that you posted prior to termination. You’ll still have to pay any outstanding bills.

Termination By Class Curious. We may terminate or suspend your account (and any related accounts) and your access to our services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our services, for example, to sell or buy on our websites. Class Curious may refuse service to anyone, at any time, for any reason.

If you or Class Curious terminate your account, you may lose any information associated with your account, including your content.

We May Discontinue the services. Class Curious reserves the right to change, suspend or discontinue any of the services at any time, for any reason. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the Services.

The Terms of Use will remain in effect even after your access to the service is terminated, or your use of the service ends.

8. Warranties and Limitation of Liability

You understand that Class Curious does not research, create or verify anything sold on our site. We provide the venue; the listings in our marketplaces are listed and sold directly by independent sellers, so Class Curious cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Class Curious from any claims related to experiences sold through our services, including misrepresentations by sellers or experiences that caused physical injury.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users on our site. Class Curious is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through our site. You release us from all liability relating to that content.

You can use our site to interact with other individuals, either online or in person. However, you understand that we do not screen users, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.

Our site may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Class Curious is not a party to those agreements; they are solely between you and the third party.

Class Curious is dedicated to making our site the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our site is provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that: (i) the site will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the site will be free of viruses or other harmful materials; or (iv) the results of using the site will meet your expectations. You use the site solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

To the fullest extent permitted by law, neither Class Curious, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the site or these Terms of Use. In no event shall Class Curious’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Class Curious in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification

If Class Curious gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Class Curious (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our site, your breach of the Terms of Use or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of ClassCurious.com or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may contact Class Curious. Class Curious will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Class Curious has no obligation to resolve any disputes.

Release of Class Curious. You release Class Curious from any claims, demands and damages arising out of disputes with other users or parties.

11. Disputes with Class Curious

  1. The Terms of Use are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
  2. You and Class Curious agree that any dispute or claim arising from or relating to the Terms of Use shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms of Use, you and Class Curious are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

If you are a government agent or entity in the United States using the site in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms of Use and any action related to the Terms of Use will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.

12. Changes to the Terms of Use

We may update these Terms of Use from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes in ClassCurious.com or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the site. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the site following the changes constitutes your acceptance of the updated Terms of Use.

13. Some Finer Legal Points

The Terms of Use, including all of the policies that make up the Terms of Use, supersede any other agreement between you and Class Curious regarding the site. If any part of the Terms of Use is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect. Our failure to enforce any part of the Terms of Use is not a waiver of our right to later enforce that or any other part of the Terms of Use. We may assign any of our rights and obligations under the Terms of Use.

14. Contact Information

If you have any questions about the Terms of Use, please email us at: legal@classcurious.com.

Author

Class Curious