FEES AND PAYMENT
The basic service is free to users, but if User elects to upgrade to a subscription membership or any of our other paid features, the following terms below shall apply. Abstract Classes reserves the right to change its prices at any time.
A. Billing and Payment.
Abstract Classes bills users through an online account for use of the Service. User agrees to pay Abstract Classes all applicable Service fees using this online account. All fees are exclusive of applicable taxes unless otherwise stated, and User is solely responsible for the payment of any such taxes that may be imposed on your use of the Service. Abstract Classes may correct any billing errors or mistakes that it makes even if it has already requested or received payment. Abstract Classes reserves the right to change its prices for certain Service features – and to institute new charges at any time – upon notice to you, which may be sent by email or posted on the Site. User agrees to maintain current, complete and accurate information for User’s billing account. Also, User authorizes Abstract Classes to obtain updated or replacement expiration dates and card numbers for User’s credit or debit card as provided by User’s credit or debit card issuer. All fees are final and nonrefundable (including in the event any features or functions of any service that User has subscribed to are changed, modified, diminished or removed). User shall be responsible for any applicable foreign transaction fees charged by the User’s bank.
Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. User must cancel User’s subscription before the end of the trial period in order to avoid being charged a subscription fee.
C. SITE CONTENT.
User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Abstract Classes at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Abstract Classes in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s informational purposes; provided, that User retains all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Abstract Classes.
Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
D. USER CONTENT
The Sites and Service may permit the submission of communications (such as commentary on other users content) and other content submitted by User (“User Submission(s)”) and the hosting, sharing, and/or publishing of such User Submission(s).
User shall be solely responsible for User’s User Submission(s) and the consequences of posting or publishing them. User agrees that Abstract Classes has no liability concerning any User Submission(s), including, without limitation, User’s User Submission(s), and User hereby irrevocably release Abstract Classes and its officers and directors, employees, agents, representatives and affiliates, from any liability arising out of or relating to User Submission(s) or any part thereof.
By submitting the User Submission(s) to Abstract Classes, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, User hereby does and shall grant Abstract Classes a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, modify (such as by editing or otherwise creating derivatives), display, and perform the User Submission(s) by Abstract Classes’s User Submission policies and User’s Site settings. User agrees not to contest any modifications made by Abstract Classes and hereby waives any claims with respect thereto. For clarity, the foregoing license grant to Abstract Classes does not affect User’s other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in User’s User Submission(s). User Submission(s) may be withdrawn by written request to firstname.lastname@example.org to delete content.
In connection with User’s User Submission(s), User affirms, represents, and warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Abstract Classes to use every image and sound contained in each such User Submission and to enable inclusion and use of such User Submission(s) in the manner contemplated by the Sites, the Service and this Agreement; (ii) User has the written consent, release, and/or permission of every identifiable person in the User Submission to use the name or likeness of every such identifiable person to enable inclusion and use of the User Submission(s) in the manner contemplated by the Sites, the Service and this Agreement; and (iii) the posting of your User Submission on or through the Sites or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing to any person or entity because of any content posted by User to or through the Sites or the Service.
User further agrees that User will not:
(i) publish falsehoods or misrepresentations that could damage Abstract Classes or any third party;
(ii) submit material that is unlawful, obscene, lewd, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
(iii) post advertisements or solicitations of business;
(iv) impersonate another person;
(v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Abstract Classes all of the license rights granted herein; or
(vi) submit material that is unsuitable for minors in any country.
Abstract Classes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Abstract Classes expressly disclaims any responsibility or liability in connection with User Submission(s). Abstract Classes reserves the right to, in its sole discretion, remove any User Submission(s) at any time (with or without notice).
Concerning any software User is authorized by Abstract Classes to download via the Service, Abstract Classes grants User a personal, nontransferable, nonsublicensable, nonexclusive license to use such software solely for User’s personal, non-commercial use, and only by the written instructions/directions (if any) provided by Abstract Classes. User shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the software (except that this restriction shall not apply to the limited extent restrictions on reverse engineering prohibited by applicable local law); or (iii) rent, lease, or use the software for timesharing or service bureau purposes, or otherwise use the software for any commercial purpose.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Abstract Classes reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or any Abstract Classes server, or any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Abstract Classes, including any Abstract Classes account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Abstract Classes’ systems or networks, or any systems or networks connected to the Service or Abstract Classes.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal User sends to Abstract Classes on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of Abstract Classes or others.
G. REGISTRATION & SECURITY
As a condition to using certain features of the Service, User may be required to register with Abstract Classes and select a password and User name (“Abstract Classes User ID”). User shall provide Abstract Classes 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 User’s account. User may not (i) select or use as Abstract Classes User ID a name of another person with the intent to impersonate that person; or (ii) use as Abstract Classes User ID a name subject to any rights of a person other than User without appropriate authorization. Abstract Classes reserves the right, in its discretion, to cancel or refuse registration of an Abstract Classes User ID. User shall be responsible for maintaining the confidentiality of User’s Abstract Classes password and other account information.
H. THIRD PARTY SITES
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Abstract Classes’ control, and User acknowledges that Abstract Classes is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Abstract Classes. User further acknowledges and agrees that Abstract Classes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Abstract Classes, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) User’s use or misuse of the Service; (ii) User’s access to any part of the Service, (iii) any of User’s User Submission(s), or (iv) otherwise from User’s violation of this Agreement.
J. WARRANTY DISCLAIMER
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) IS 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 OR NON-INFRINGEMENT. ABSTRACT CLASSES MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE SERVICE (OR ANY USER SUBMISSION(S)) WILL MEET USER’S REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK.
K. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ABSTRACT CLASSES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY CONCERNING THE SERVICE (OR ANY CONTENT, PROGRAMS OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES over (IN THE AGGREGATE) $500.00 (U.S.). Also, ABSTRACT CLASSES SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER’S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES).
Abstract Classes may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if Abstract Classes determines there may be an immediate threat to Abstract Classes, it may terminate such access without notice).
Upon termination notice from Abstract Classes, User will (i) no longer access (or attempt to access) the Service and (ii) delete all software (and copies thereof) provided in connection with the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
M. EXPORT AND TRADE CONTROLS
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or under the Service except in full compliance with all United States, foreign and other applicable laws and regulations.