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Kathleen Murphy
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Introduction
Welcome to Classmunity L.L.C.! Classmunity L.L.C. (collectively “we, us, ours, and Classmunity”) is a limited liability company and is registered in the state of Wisconsin. The “Terms of Use” page provides the rules for anyone using Classmunity. Please be sure to read the Terms of Use carefully before using Classmunity. The Terms of Use are to be used in conjunction with any other terms on this website, local, state, and federal law, as well as any agreements between Classmunity and the relevant school districts/schools. All terms must be followed in order to be able to use Classmunity’s services.
Please note that if you are both a Supporter and a founder, you must read each separate terms of use prior to using the service.
Definitions
1. Eligibility
Campaign Founders must be at least 18 years of age or have express permission to create a campaign from their school or school district. Campaign Founders can be anyone associated with a school or school district that has contracted with Classmunity for the use of the Classmunity platform.
2. Creating an Account
When signing up for a Classmunity account, you can choose whether you want to be a “Classmunity founder” (“Campaign Founder”) or “campaign supporter ” (“Supporter”).
As a Campaign Founder you are responsible for your account and all of the activity and communications on your account. Classmunity prohibits the use of anyone else’s identity besides your own. When you create an account, you will need to create a user name and password.
You may not need to provide Classmunity with a valid U.S. bank account. as Classmunity will distribute funds per the agreement with your school district and/or school. If your campaign has more than one founder, it is up to the Campaign Founders involved to determine which account creates the campaign. Classmunity will not divide the funds between multiple accounts, so it is up to the Founders to decide internal funding matters.
3. License for Founders
Classmunity grants each Campaign Founder a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such Campaign Founder's eligibility and continued compliance with the Terms.
4. Fees
There is a five dollar minimum amount that you as a supporter can provide to a Campaign. The amount you give to a Campaign will be distributed within ten days of the end of the campaign, regardless of whether or not the Campaign achieves their goal.
Fees are processed in two stages once by Stripe and once by Classmunity. The fees Classmunity charges are dictated by the agreement between Classmunity and your school/school district.
First , upon the completion of your campaign, Stripe, an independent third party will collect the funds that you raise through your campaign. Stripe charges a 2.9% + $0.30 per transaction. This will be taken out of the funds before the money is transferred to Classmunity. Stripe is a separate website; Classmunity is not responsible for any charging errors, breach of security, or loss of funds by Stripe. Stripe is an independent service from Classmunity and the terms of service for Stipe can be viewed at: https://stripe.com/us/terms.
Second , Classmunity will take a percentage of the funds as compensation for its services as dictated in the agreement between Classmunity and your school/school district. At the end of this process Classmunity will distribute your funds to the appropriate bank account within 10 business days. Classmunity will distribute your funds at the end of the campaign regardless of whether or not you reach your goal.
5. Content
Campaign Founders may post photos, videos, text, graphics, logos artwork and other audio or visual materials in relation to their campaign (collectively, " Campaign Founder Content"). By using the services, the Founders grant Classmunity a right to publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute Campaign Founder Content of any Campaign Founder on or in connection with the Services and our related marketing and promotional activities. Campaign Founders continue to hold all ownership interest in their Founder Content.
Each Campaign Founder represents and warrants that its Founder Content and use of such Founder Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
6. Prohibited Campaigns and Content
If the Campaign Founder posts any prohibited or distasteful material in their Founder Content or any inappropriate campaign, Classmunity reserves the right to delete the content, campaign, and/or account completely and withhold distribution of funds.
Examples of inappropriate content include but are not limited to, sexually explicit material, hurtful or violent language, blood, gore or harmful material, illegal material, or anything else Classmunity deems inseparable with the website’s policies and image.
Moreover, Campaign Founders are prohibited from raising funds for campaigns that do not comply with these terms. Campaign Founders are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. Campaign Founders must comply with all applicable laws and regulations in connection with their Campaigns. Founders shall not make any false or misleading statements regarding their campaigns. Classmunity reserves the right to remove any campaign. Examples of these prohibited activities include, but are not limited to:
7. Third-Party Websites
The “Founder Space” may contain links to third-party websites, advertisers, or services that are not owned or controlled by Classmunity. Access to or use of third-party sites or services are at each Campaign Founder's own risk. Except as otherwise expressly provided herein, Classmunity is not responsible for any loss or damage of any sort relating to Campaign Founders dealings with these third-party sites or services. We encourage Campaign Founders to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.
8. Release of Data
By creating an account, you are allowing Classmunity to collect data that you provide to Classmunity, and permit Classmunity to use it for internal purposes. This MAY include personal name, phone number, and any other Campaign Founder data. This will NOT include bank account or password information.
9. Limitation of Liability
CLASSMUNITY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO CLASSMUNITY FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CLASSMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Intellectual Property
Classmunity has legal rights and protections for all of our intellectual property. You have the right to use our services, but you do not have the right to use our services for any commercial use without Classmunity’s permission. You may not use any of Classmunity’s intellectual property or concepts that are available on the website without permission from Classmunity.
12. Warranty
The website is presented as-is, without any specific warranty for the services we provide through Classmunity. You use the services at your own risk. The website and services are provided, “as is” without any warranties, expressed or implied.
CLASSMUNITY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CLASSMUNITY SHALL CREATE ANY WARRANTY.
13. Indemnification
If you do anything illegal or break any terms of this this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Classmunity.
Classmunity reserves the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
14. Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of Wisconsin and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that Classmunity and its Services are deemed a passive website that does not give rise to jurisdiction over Classmunity employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of Wisconsin. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Classmunity, shall be filed only in the state or federal courts located in Milwaukee County in the State of Wisconsin, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
15. Entire Agreement
These Terms and other material referenced in them are the entire agreement between you and Classmunity with respect to the Services. If any of these provisions are found to be invalid under the law, the illegal provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either the Founder or Classmunity to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
