Términos de uso

Acuerdo de licencia de profesorTérminos del servicio de alumnoParent Terms of Service

Last updated: November 13, 2018. You can see past versions of our Terms here on Github.

This Teacher License Agreement (the "Agreement") is a legal agreement between you, the teacher entering into this Agreement ("you" or "teacher"), together with Classcraft Studios Inc. ("Classcraft"), having its head office at Suite 220, 165 rue Wellington Nord, Sherbrooke, Québec, J1H 5B9. Please read these terms of use carefully before using the Services (as herein defined) offered by Classcraft, which owns and operates the Website (as herein defined). BY REGISTERING TO USE THE SERVICES IN ANY MANNER, 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 you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to access or use the Services. Use of the Services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms. You represent and warrant to Classcraft that: (i) you are an individual and not a corporation; (ii) you are of legal age to form a binding contract; (iii) you are a teacher in a classroom setting and that all registration information you submit is accurate and truthful; (iv) you will maintain the accuracy of such information; and (v) 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 you take full responsibility for the selection and 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.

  1. DEFINITIONS

    1. "Consent" shall mean advance written consent from all parents whose children will be accessing the Services;
    2. "Content" shall mean all materials (including User Submissions) displayed or performed as part of the Services, including but not limited to text, graphics, articles, photographs, images, videos, animations, illustrations, music, sound effects, quests stories;
    3. "COPPA" shall have the meaning ascribed to it in paragraph 4.1.4;
    4. "Game Master" shall mean yourself, as manager of all aspects of the Services within the Licensed Class;
    5. "Input" shall mean any data input by you into the Services, including, but not limited to, any powers, functions or features assigned to characters or any events used to win or lose points;
    6. "Licensed Class" shall mean one set of course materials taught to one group of students at the same time in the school indicated in the teacher registration process or, if modified, in the teacher profile, over a period not exceeding twelve months, by the teacher signing this agreement. This license does not extend to any classes not personally taught in whole or in part by the teacher signing this agreement at the school they have indicated;
    7. "Licensed Classes" shall mean any (all) Licensed Class(es) taught by the teacher using the Teacher User ID associated with this agreement;
    8. "Multi-Class Features" shall mean those features allowing students to use the same student accounts in more than one Licensed Class, either with the same teacher or with different teachers at the same school;
    9. "Parent(s)" shall be defined as
      • the lawful and natural father or mother of a minor
      • the lawfully adoptive father or mother of a minor, or
      • the legal guardian of a minor,
        who is student in a Licensed Class;
    10. "Payment Method" shall be selected by the teacher upon initiating this agreement, and may be changed at any point thereafter, but must be one of the methods currently offered by Classcraft in its sign-up process, which may change from time to time.
    11. "Payment Plan" shall be either monthly or annual as per section 10.5 of this agreement.
    12. "Privacy Policy" shall mean Classcraft’s current Privacy Policy, which can be consulted at https://www.classcraft.com/privacy-policy, as amended, supplemented, restated and/or updated from time to time;
    13. "Services" shall mean the Website and domain name, all other websites and domain names affiliated with Classcraft and any other linked pages, features, content or application services offered from time to time by Classcraft, and shall include, without limitation, any service Classcraft performs for you and the Content offered by Classcraft on the Website, via the iOS app, the Android app or any other platform;
    14. "Student Terms of Service" shall mean Classcraft’s current Student Terms of Service, which can be consulted at https://www.classcraft.com/terms-of-use/#student, as amended, supplemented, restated and/or updated from time to time;
    15. "Teacher User ID" shall mean a password and user name for the use of the Services;
    16. "Teacher Submissions" shall mean information or Content including but not limited to assignments, quizzes or quests posted by or on behalf of yourself via the Website, iOS app, Android app or submitted to third party sites;
    17. "Student Submissions" shall mean information or Content posted by the students in the Licensed Class via the Website, iOS app, Android app or otherwise provided to Classcraft in connection with the Services;
    18. "User Submissions" means together, Teacher Submissions and Student Submissions; and
    19. "Website" shall mean the classcraft.com website and any related websites and apps including the iOS app and Android app.

  2. Ownership of and Access to the Services

    1. The Services are owned and operated by Classcraft.
    2. Classcraft may change, suspend or discontinue all or any part of the Services at any time, may impose limits on certain features and services, or restrict your access to parts or all of the Services without notice or liability.
    3. Classcraft reserves the right, in its sole discretion, to modify this Agreement at any time by sending you a notice in advance via email, as outlined in the Classcraft Privacy Policy. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the Website following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
    4. 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, modems, hardware, software, projection equipment, internet access and telephone service, and shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
    5. You acknowledge that you are responsible for the security of your user id and password and agree to keep these confidential. As well, you agree not to issue student or parent access in an insecure manner, or to students and parents of students who are not part of your class.

  3. Scope of License

    1. You are authorized under this Agreement to use the Services for Licensed Classes only.
    2. You are licensed to access the Services from a maximum of two devices simultaneously.
    3. You agree not to allow others to use your Teacher User ID for classes other than the Licensed Classes covered by this agreement.

  4. Your Role

    1. Role as Teacher
      1. You acknowledge that as a teacher you will be responsible for granting access to the Services to the students in the Licensed Classes and their Parents. You agree that access to the Services will not be granted outside yourself, the students in the Licensed Class, their Parents and the administration of the school you are employed by (if applicable).
      2. You acknowledge and agree to supervise students’ access to the Services in order to ensure that the Services will be used in accordance with the Student Terms of Service at https://www.classcraft.com/terms-of-use/#student.
      3. Classcraft recommends that you print a copy of the Student Terms of Service and a copy of the Privacy Policy at https://www.classcraft.com/privacy-policy for each minor student to bring to their parent(s) or guardian(s).
      4. If you are teaching in the United States of America, you represent and warrant that you are solely responsible for complying with the Child Online Privacy Protection Act ("COPPA"), which requires parental consent for online collection of personal information from children under 13. When obtaining Consent, you must provide parents with a copy of our Privacy Policy. You must keep signed Consents on file and provide them to Classcraft upon our request. For more information on COPPA, please see https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children%27s-privacy. A sample consent form can be found at https://help.classcraft.com/hc/en-us/articles/218411437-Classcraft-and-COPPA.
      5. As a teacher, you are responsible to monitor and manage all User Submissions. Classcraft does not monitor or manage User Submissions and is not responsible in any way for User Submissions. You accept sole responsibility to ensure that User Submissions meet the following guidelines:
        • User Submissions must not include any communication or solicitation designed or intended to obtain password, account or private information from any user of the Services.
        • User Submissions must not include any illegal material, including any material that may be considered threatening or obscene.
        • User Submissions must not include any software or software code that may be executed from within the Services.
      6. As a teacher, you are responsible for issuing invitations to participate in the Services to Parents, thereby giving them access to the student information for their child, children or any minor for whom they are legally responsible. You agree that you will not issue such invitations to anyone other than the Parents of your students as defined in this agreement. You acknowledge that these invitations are designed to grant access to the personal information of the related student(s), and that failure to comply with this section will be a breach of the Classcraft Privacy Policy and may result in termination of this agreement.
      7. As a teacher, you have the option to use the Multi-class Features allowing other teachers who teach the same students to link their Licensed Classes to the student accounts in your Licensed Classes. You agree that you will only use this feature with teachers teaching at the same school as you.
    2. Role as Game Master
      1. You acknowledge that you are the Game Master. This responsibility includes all customizable features, all awarding of either positive or negative consequences, and all in-class and online dialogue and communication of any sort between students and teachers.
      2. You agree that you will execute your role as Game Master in a diligent, fair and equitable manner without misuse or abuse of the power of the Game Master. Classcraft reserves the right to terminate the license of any teacher who Classcraft determines has misused or abused this power. Classcraft shall have complete and final authority in this matter.

  5. Privacy Policy

    1. For information regarding Classcraft’s treatment of personally identifiable information, please review the Privacy Policy (located at this address: https://www.classcraft.com/privacy-policy/), which is hereby incorporated into this Agreement by reference.

  6. Website Content & User Submissions Website Content

    1. The Website and Content are intended solely for the educational use of Website users and may only be used in accordance with the terms of this Agreement. Content is protected by copyright and other intellectual property laws.
    2. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
    3. The Website is protected by copyright as a collective work and/or compilation under copyright laws and international conventions. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 6), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
    4. You may download or copy the Content (and other items displayed on the Website for download) for use within the Licensed Classes only or for personal home-use only, provided that you maintain all copyright and other notices contained in such Content, but shall not store any significant portion of any Content in any form. Copying or storing of any Content other than for the purposes licensed by this document is expressly prohibited without prior written permission from Classcraft or from the copyright holder identified in such Content's copyright notice.
    5. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Classcraft be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
      User Submissions
    6. In the course of using the Services, you and other users may post or upload User Submissions to teacher forums or other forums. You shall be solely responsible for Teacher Submissions and the consequences of posting, publishing or distributing User Submissions on or through Our Website. In connection with each User Submission that you post, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and this Agreement. In furtherance of the foregoing, you agree that you will not: (i) submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and distribute the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) use the Website, including any content thereon, to harm minors or anyone in any way; (iv) impersonate any person or entity, including, but not limited to, any of our officials, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, provincial, state, national, or international law, or is otherwise inappropriate; (vi) post advertisements or solicitations of business; or (vii) collect or store personal data about users without their express consent or in connection with the prohibited conduct and activities set forth above.
    7. Information and content uploaded to teacher forums or other forums will be visible to other users and may also be published by Classcraft in connection with the Services. You understand that by posting User Submissions to these forums or otherwise providing User Submissions, Classcraft hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Classcraft will only share your personally identifiable information in accordance with the Privacy Policy.
      Content Responsibility
    8. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that Classcraft retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you, subject to the terms of the Privacy Policy.
    9. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such information originated and that Classcraft will not be liable for any errors or omissions in any information.
    10. You understand that Classcraft cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Classcraft cannot guarantee the authenticity of any data that users may provide about themselves.
    11. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Classcraft be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

  7. Your Warranties

    1. You acknowledge and agree that any Input shall belong to Classcraft without any obligation to pay compensation of any kind to you. You hereby assign and agree to assign to Classcraft all rights and interest in and to the Input, and waive and agree not to exercise any moral rights with respect to the Input.
    2. You shall be solely responsible for your Submissions and the consequences of posting, publishing or distributing your Submissions on or through the Website. In connection with each Submission by you, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms. In furtherance of the foregoing, you agree that you will not: (i) submit Submissions that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and distribute the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) use the Website, including any content thereon, to harm minors or anyone in any way; (iv) impersonate any person or entity, including, but not limited to, any of our officials, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) submit material that is unlawful, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate; (vi) post advertisements or solicitations of business; or (vii) collect or store personal data about users without their express consent or in connection with the prohibited conduct and activities set forth above.
    3. You acknowledge that Classcraft does not screen Input or User Submissions submitted to the Website, but Classcraft reserves the right to screen, review, flag, filter, modify, refuse or remove any or all Content or not publish or otherwise distribute User Submissions. Classcraft reserves the right to remove any Content from the Services at any time, including any User Submissions, 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 Classcraft is concerned that you may have breached the immediately preceding clause), or for no reason at all. You, not Classcraft, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to Classcraft and to grant Classcraft the rights to use such information in connection with the Services and as otherwise provided herein.
    4. You shall defend, indemnify and hold Classcraft, its parents, subsidiaries, affiliates, officers and employees harmless against any and all damages, losses, fines, costs, expenses (including attorneys’ fees), claims and liabilities, asserted at any time, arising out of Teacher Submissions, your access to the Services, use of the Services, 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.

  8. Restrictions

    1. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.
    2. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Classcraft user.
    3. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.
    4. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited.
    5. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
    6. You may not transfer your account to anyone without express prior written consent of Classcraft.

  9. Warranty Disclaimer

    1. Classcraft has no special relationship with or fiduciary duty to you. You acknowledge that Classcraft has no control over, and no duty to take any action regarding: which users gain access to the Services; 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.
    2. You release Classcraft from all liability for you having acquired or not acquired Content through the Services.
    3. Classcraft makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Classcraft or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
    4. The Services, Content, and any software are provided on an "AS IS" 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 be uninterrupted or error-free.

  10. Registration and Payment

    1. As a condition to using Services, you will be required to register with Classcraft and select a Teacher User ID. You shall provide Classcraft with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.
    2. You may not (i) select or use as a Teacher User ID a name of another person with the intent to impersonate that person; or (ii) use as a Teacher User ID a name subject to any rights of a person other than you without appropriate authorization.
    3. Classcraft reserves the right to refuse registration of or cancel a Teacher User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
    4. Classcraft reserves the right to change its price list for certain Services and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.
    5. You have chosen one of the following Payment Plans:
      1. Annual: Pre-payment is made in advance for a full year. When making your initial payment, you authorize Classcraft to charge you an annual license fee at the then current rate to your Payment Method. You acknowledge that the amount billed each year may vary for reasons such as promotional offers, referral rewards and/or changing your Payment Plan and you authorize us to charge your Payment Method for such amounts, which may be billed in one or more charges. You will be notified by email before the expiration of your pre-payment so that you can cancel your subscription if you wish not to be billed for the next year.
      2. Monthly: Prepayment is made in advance for one month. When making your initial payment, you authorize Classcraft to charge you a monthly license fee at the then current rate to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons such as promotional offers, referral rewards and/or changing your Payment Plan and you authorize us to charge your Payment Method for such amounts, which may be billed in one or more charges.
      3. Paid by school or district: If your school or district has prepaid for your subscription, you will be presented with this as an option when you upgrade to Premium. In this instance, the payment, any renewals and the expiration of your subscription will be managed by your school or district and will be governed by a separate agreement with your school or district.
    6. Classcraft reserves the right to adjust pricing for our service or any components thereof at any time as may be determined in our sole and absolute discretion. You will be advised of any price changes in advance by email.
    7. Classcraft will automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. Classcraft reserves the right to change the timing of this billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, Classcraft may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your license on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your billing date may change due to changes in your license.
    8. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the services through the end of your prepayment period as identified in your Payment Plan. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
    9. You may edit your Payment Method information by logging into the game and clicking on the "My Profile" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
    10. You may cancel your license at any time, and you will continue to have access to the service through the end of your prepayment period as identified in your Payment Plan.
    11. Classcraft reserves the right to cancel this agreement, or to change your services from a premium subscription to a free Subscription at any time that the payment is for any reason overdue by 15 days or more.
    12. Classcraft reserves the right to offer teachers and parents the opportunity to buy merchandise, both virtual and real.
    13. Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Furthermore, should you access the game from a mobile device or via the internet you may be subject to data usage charges. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless and/or internet carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.

  11. Third Party Websites

    1. The Services may contain links to third party websites that are not owned or controlled by Classcraft. When you access third party websites, you do so at your own risk. Classcraft encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit.
    2. Classcraft has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Classcraft will not and cannot monitor, verify, censor or edit the content of any third party site.
    3. By using the Services, you expressly relieve and hold harmless Classcraft from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Classcraft shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
    4. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Classcraft is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Classcraft, 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 our service.

  12. Termination

    1. This Agreement shall remain in full force and effect for as long as you continue to use Classcraft with the Teacher User Id used to create this account. In no event will the Agreement terminate before the end of the annual prepayment described in section 10.5.1, or before you cancel your monthly subscription, or before the agreement with your school or district is terminated. The Agreement shall be considered terminated should it be cancelled by Classcraft under the terms of this agreement.
    2. It is understood that the termination of the Agreement may automatically trigger the termination of the Student License Agreements for those students in the Licensed Class, as well as that of the parents of students in the Licensed Class.
    3. Classcraft may suspend or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. Classcraft is not under any obligation to provide access to User Submissions after the termination of this agreement.
    4. 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.
    5. In the event of termination of this agreement by Classcraft, Classcraft shall not be held liable for any damages in excess of the fee you have paid to use the Services.
    6. The early termination or expiration of this Agreement shall not operate to limit any rights or remedies available to Classcraft that accrued prior to termination or expiration hereof.
    7. Classcraft will delete all user information, including User Submissions according to the Privacy Policy.

  13. Governing Law

    1. This Agreement shall be construed in accordance with and governed by the laws of the Province of Quebec and the laws of Canada applicable herein, without regard to conflict of law rules which would cause the laws of any other jurisdiction to apply. Any and all disputes, claims, and questions regarding the interpretation, performance and enforceability of this Agreement, and the rights and remedies of the parties hereunder, and any action or judicial proceeding related thereto shall be initiated and prosecuted exclusively in the Province of Quebec. The parties agree to submit and hereby irrevocably attorn to the exclusive jurisdiction of such court.

  14. General Provisions

    1. Classcraft shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Classcraft's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
    2. If a provision of this Agreement is held invalid or unenforceable, any other provision contained herein shall be separately valid and enforceable to the fullest extent permitted by law.
    3. No negligence or waiver by either party to exercise a right shall be deemed to be or construed as a waiver by either party of its rights.
    4. You shall not assign, transfer or sublicense this Agreement except with Classcraft’s prior written consent.
    5. Classcraft may assign, transfer or delegate this Agreement and Classcraft’s rights and obligations without your consent.
    6. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that, subject to Section 2.3, all modifications must be in a writing signed by both parties, except as otherwise provided herein.
    7. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties.
    8. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Classcraft in any respect whatsoever.
    9. The effective date of this version of this Agreement is November 13, 2018.