Last Modified: August 6, 2021

View our previous HitRecord Class Projects Guidelines (posted April 30, 2021)

These HitRecord Class Projects Guidelines (“Class Project Guidelines”) are subject to the End User License Agreement and Terms of Service (the “Terms”) and govern your participation in and use of HitRecord’s Class Projects online learning platform. By agreeing to these Class Project Guidelines you also agree to the Terms. All capitalized terms used but not otherwise defined in these Class Projects Guidelines will have the meanings ascribed to them in the Terms. In the event of a conflict between these Class Project Guidelines and the Terms, these Class Project Guidelines will control, but only with respect to your participation in and use of the Platform.

1. Overview of Class Projects.
   1. Description. The Company provides an online learning platform called HitRecord Class Projects (the “Platform”). Through the Platform, a Student (defined below) can access audio and audiovisual instructional classes on a variety of educational and creative topics. Each such class is a “Class Project,” which will feature a series of lessons (“Lessons”). Each Class Project will offer a series of video instructions and calls to action led by various teachers (“Teachers”). Students can Post Contributions within a Class Project (each, a “Class Contribution”) and potentially receive feedback on those Class Contributions from Teachers, other Students, Visitors (defined below), HITRECORD Members (defined below), and Platform staff. Participants (defined below) may use the Platform to view and offer feedback on the Class Contributions of others. As part of a Class Project, the Platform may offer Students the functionality to view or use Contributions from the App or other content made available by the Company on the Platform. The Company may at its sole discretion enable functionality on the Platform that provides Students with the ability to collaborate with other Students within a Class Project to create Class Contributions together or to edit the Class Contributions of other Students consistent with the grant of rights provided by you to other HitRecord Users in Section 8(c)(ii) of the Terms; in which case, for the purposes of these Class Projects Guidelines and integration with the Terms, any reference to a Lesson or a Class Project in these Class Project Guidelines will be deemed a “Project” in the Terms. Further, the Company may at its sole discretion enable functionality on the Platform that provides Students with the ability to Post a Class Contribution as a Contribution on the App. We intend for each Class Project to be a safe and supportive space for Students to learn, grow, and be creative through experiential learning and from the input and shared experience of Teachers and other Participants on the Platform.
   2. Your Access and Use of the Platform. By accessing and using the Platform, you acknowledge and agree that such access and use is subject to these Class Projects Guidelines and the Terms, including, but not limited to, the Arbitration Notice and the Dispute Resolution Section pursuant to which you waive the right to a trial by jury or to participate in any class action or representative proceeding and you agree that disputes arising under the Terms, which includes these Class Project Guidelines, will be resolved by binding, individual arbitration by a neutral arbitrator.
   3. Subscriptions. If you are not already registered as a member of the HitRecord community on the App, certain limited features of the Platform may be available to you free of charge, which may allow you to view or access trailers or other limited content, if any, and explore parts of the Platform as a “Visitor”. If you are already registered as a member of the HitRecord community on the App, you are considered a “HITRECORD Member” for purposes of these Class Projects Guidelines. Most features of the Platform are available only to either HITRECORD Members on a free or trial basis or to HITRECORD Members who may pay for access to certain Class Projects available on the Platform, including through a paid subscription to the Platform (the “Subscriptions”). Any HITRECORD Member who pays for a Subscription is a “Subscriber.” The term “Student” refers to a HITRECORD Member or a Subscriber who is enrolled in a Class Project. For purposes of these Class Projects Guidelines, the term “Participants” refers to Visitors, HITRECORD Members, Subscribers, and Students, collectively. If you are a Subscriber, then you acknowledge and agree that the additional terms in Section 3 below apply to your Subscriptions, and that the Company provides access to Subscriptions in consideration of your payment of the amounts described in that Section.
   4. Changes to the Platform. The Company may at its sole discretion and from time to time change, add or remove features, functionality and content of or available through the Platform or terminate or discontinue support for any versions of the App, without any notice to you and without any liability for such changes. The Company also reserves the right to discontinue some or all of the features of the Platform at any time at its sole discretion (including the provision of software updates and support for different devices or platforms). You acknowledge and agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform, any App (including any version of the App for which you may have paid a fee), or any specific functionality of the Platform or the removal of any features, functionality or content, even if you paid for any features, functionality or content. If you are dissatisfied with any changes to the Platform, you may terminate these Class Projects Guidelines and the Terms at any time by deleting your User Account and discontinuing use of any and all parts of HitRecord, including the Platform and the App. To delete your User Account or request that the Company remove any of your Contributions from the Platform, access your profile settings or send an e-mail to [email protected]. The Company will use reasonable efforts to respond promptly to your request for termination or Contribution removal, and will process your request in no event later than 90 days following receipt of your e-mail. Your User Account will be deemed terminated upon the Company’s confirmation to you that your User Account has been deleted. Any termination of these Class Projects Guidelines or the Terms by you will be subject to the Survival Section of the Terms. Notwithstanding anything in these Class Projects Guidelines or the Terms to the contrary, if you have signed up for a Subscription and the Company cancels your Subscription without cause, then the Company will refund to you the pro-rated (by month), unearned portion of any amounts that you have prepaid to the Company for such Subscription. Except as required by law, no refunds will be provided for the termination or discontinuance of support for any paid App, if applicable.
   5. Service Security. You may not violate, or attempt to violate, the security of the Platform. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use HitRecord, including the Platform and the App. The Company reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, to refer such suspected violation to the appropriate law enforcement or other applicable agencies and cooperate fully with such investigations. This cooperation may include the disclosure of all or your activities on or related to the Platform. You agree to promptly notify the Company if you learn or reasonably suspect that any security breach related to the Platform has occurred.
2. Registration. While you may browse the public-facing portions of the Platform as a Visitor without registering with us, in order to become a Student, access Subscriptions and enjoy the full functionality and benefits of the Platform, you must register a HitRecord account with us (a “User Account”) and become a HITRECORD Member. Section 11 of the Terms apply to your User Account and for the purposes of these Class Projects Guidelines and integration with the Terms, any reference to “HitRecord” in Section 11 of the Terms shall be deemed “the Platform”.
3. Additional Terms for Subscriptions
   1. Price. Certain features of the Platform may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are payable in the currency specified during sign-up and are non-refundable. The Company reserves the right to determine pricing for the Platform. The Company will make reasonable efforts to keep pricing information published on the HitRecord website and the Platform website (together, the “Websites”) up to date. We encourage you to check the Websites periodically for current pricing information. The Company may change the fees for any feature of the Platform, including additional fees or charges, if the Company gives you advance notice of changes before they apply. The Company, at its sole discretion, may make promotional offers with different features and different pricing to any of the Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Class Projects Guidelines or the Terms.
   2. Authorization. You authorize the Company and its third-party payment processors to charge all sums for the orders that you make and any level of the Platform you select as described in these Class Projects Guidelines or the Terms, including all applicable Taxes (defined below), to the payment method specified in your User Account. If you pay any fees with a credit card, the Company or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You acknowledge and agree that the Company may choose to share a portion of the payments that you provide to the Company for your use of different levels of the Platform with Teachers on the Platform.
   3. Subscription Process. You may purchase a Subscription through the Websites or through such other channels as the Company may make available from time-to-time in its sole discretion, which may include our App. Where you purchase a Subscription through the Websites or another channel controlled by the Company, your payments are processed by our third-party payment processors. If applicable, where you purchase a Subscription through our iOS or Android Apps, or through a third party’s consumer electronic devices, your payments are processed by Apple or Google, or the manufacturer of the consumer electronic device (or any of their third-party payment processors), as applicable. We accept various forms of payment, as specified during sign-up. We do not accept cash or checks.
   4. Trials. From time to time, the Company or others on our behalf may offer trials of Subscriptions for a specified period free-of-charge or at a reduced rate (each, a “Trial”). The length of any Trial may vary. Trials are for new and certain former Subscribers only. The Company reserves the right, at our discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. We may require you to provide your payment details at the start of the Trial. The first day following the end of your Trial or, if you are not eligible for a Trial, then the day you purchase your Subscription, is the first day of your billing cycle (“Billing Date”). YOU WILL BE AUTOMATICALLY CHARGED FOR THE APPLICABLE SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY OR ANNUAL BASIS, AS SPECIFIED, UNLESS YOU CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL.
   5. Billing Authorization for Subscription Fees. BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO CLASS PROJECTS, YOU AUTHORIZE HITRECORD, APPLE, OR GOOGLE (OR ANY OF THEIR SERVICE PROVIDERS OR PAYMENR PROCESSORS), AS APPLICABLE, TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES (“SUBSCRIPTION FEE”), AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“TAXES”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY SUCH TAXES. THE SUBSCRIPTION FEE IS PAYABLE IN THE CURRENCY SPECIFIED DURING SIGN-UP.
   6. Subscription Fee Changes. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE RIGHT TO CHANGE THE SUBSCRIPTION FEE AT ANY TIME IN OUR SOLE DISCRETION. IF WE CHANGE THE SUBSCRIPTION FEE, THEN WE WILL PROVIDE YOU NOTICE OF THE PROPOSED CHANGE AT LEAST 30 DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. SUBSCRIPTION FEE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT RENEWAL OF YOUR SUBSCRIPTION FOLLOWING THE DATE OF THE PRICE CHANGE. YOU ACCEPT THE NEW PRICE BY CONTINUING TO USE CLASS PROJECTS AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT ACCEPT THE PRICE CHANGE, THEN YOU MAY UNSUBSCRIBE FROM CLASS PROJECTS PRIOR TO THE PRICE CHANGE GOING INTO EFFECT.
   7. Automatic Renewal. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY PURCHASING A SUBSCRIPTION TO CLASS PROJECTS, YOU AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM AT THE THEN-CURRENT SUBSCRIPTION FEE AND FOR THE SAME TERM AS THE IMMEDIATELY PRECEDING SUBSCRIPTION, UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.
   8. Recurring Charges. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UPON EXPIRATION OF YOUR SUBSCRIPTION, YOU WILL AUTOMATICALLY BE BILLED FOR THE SAME SUBSCRIPTION PLAN (OR THE MOST SIMILAR SUBSCRIPTION PLAN, IF YOUR PRIOR PLAN IS NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION FEE PLUS ANY TAXES. YOUR PAYMENT METHOD WILL BE CHARGED THE SUBSCRIPTION FEE FOR THE RENEWAL TERM OF YOUR SUBSCRIPTION ON YOUR BILLING DATE, BASED ON THE TYPE OF SUBSCRIPTION (E.G., ON A PARTICULAR DATE EACH MONTH FOR A MONTHLY SUBSCRIPTION). IF, HOWEVER, THE BILLING DATE OF YOUR SUBSCRIPTION IS ON THE 29TH, 30TH OR 31ST DAY OF A MONTH, AND YOUR BILLING DATE DOES NOT EXIST IN A PARTICULAR MONTH BECAUSE THERE ARE FEWER THAN 31 DAYS IN THE MONTH PAYMENT IS DUE, THEN YOUR BILLING DATE FOR THAT PARTICULAR RENEWAL WILL BE ON THE LAST DAY OF THE MONTH IN WHICH YOUR BILLING DATE WOULD OTHERWISE BE.
   9. Cancellation and Refunds. YOU MAY CANCEL YOUR SUBSCRIPTION TO CLASS PROJECTS AT ANY TIME BY FOLLOWING THE PROCESS DESCRIBED HERE. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO THE SUBSCRIPTION UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE, AFTER WHICH YOU WILL BE DOWNGRADED TO HAVING ACCESS TO THE PLATFORM AS A NON-SUBSCRIBING HITRECORD MEMBER. IF YOU SUBSCRIBED THROUGH YOUR iOS OR ANDROID DEVICE AND WANT TO OBTAIN A REFUND IN CONNECTION WITH YOUR SUBSCRIPTION, THEN YOU MUST CONTACT APPLE OR GOOGLE, AS APPLICABLE. IF YOU SUBSCRIBED THROUGH THE WEBSITE, THEN SUBJECT TO SECTION 3.j BELOW, WE WILL NOT REFUND ANY FEES PAID FOR YOUR CURRENT SUBSCRIPTION PERIOD.
   10. Cooling-off Period. If you reside in the European Union (or any other jurisdiction that requires a cooling-off period following the purchase of a Subscription to the Platform) and register for a Subscription, then you may cancel your Subscription for any reason or no reason and receive a full refund of your Subscription Fee within 14 days of your payment method being charged (“Cooling-off Period”) unless you have previously accessed your Subscription (i.e., you receive a transmission through the Platform). If you have accessed the Platform following the date of charge of your payment method pursuant to your Subscription at any time during the Cooling-off Period, however, then we will not refund any Subscription Fees already paid to us.
   11. Failure to Pay. If you fail to pay the applicable Subscription Fee when due, then you will be downgraded to having access to the Platform as a non-subscribing HITRECORD Member. If you are downgraded, then the Company may, but is not obligated to, maintain your User Account and/or related content and information, in order to allow you to pay the past-due charges and restore your Subscription.
4. Messages. The Platform may include features that allow you to send messages to other Students. There is no confidentiality with respect to messages sent via the Platform. All messages will be publicly viewable by other Students, and in some cases, Participants, so you should carefully consider what you include in messages that you send to other Students through any messaging features offered on the Platform. The Company may make private messaging functionality available on the Platform, but the Company does not guarantee that private messages will be secure and that those messages cannot be intercepted by third parties. You represent and warrant that you will indemnify and hold the Company harmless from any and all claims arising out of your sending such messages.
5. Student Contributions; Licenses; Representations and Warranties. If you are a Student who Posts any Contribution on the Platform, the terms and conditions and grant of rights described in Section 8 of the Terms on “Artist Submissions; Licenses; Representations and Warranties” apply to all of your Contributions. For the avoidance of doubt and for the purposes of these Class Projects Guidelines and integration with the Terms, any Contribution Posted for Use in a Class Project under these Class Project Guidelines will be deemed a “Contribution” in the Terms and the Platform is deemed to be included in the definition of “HitRecord” (i.e., “any other online services or properties owned or controlled by the Company”) in the Terms.
6. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringement. It is the Company’s policy to respond promptly to notices of alleged intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please go to the Company’s DMCA Notification Guidelines. The Company will promptly terminate your access to HitRecord, including the Platform and the App, if you are determined by the Company in its sole discretion to be a “repeat infringer” as specified in the DMCA Notification Guidelines. For the purposes of these Class Projects Guidelines and integration with the Terms, any Contribution Posted for Use in a Class Project under these Class Project Guidelines will be deemed a “Contribution” in the DMCA Notification Guidelines, and any reference to “HitRecord” in the DMCA Notification Guidelines will be deemed “the Platform”.
7. Prohibited Conduct.
   1. Without limiting any other restrictions set forth in these Class Projects Guidelines or the Terms, by using the Platform, you agree to adhere to Section 10 of the Terms on “Prohibited Conduct” in your use of the Platform.
   2. If you encounter any Objectionable Content on the Platform, then please contact the Company at [email protected] or any other reporting functionality available on the Platform. You acknowledge and agree that the Company provides you the ability to report Objectionable Content as a courtesy, and the Company has no obligation to remove or take any other action with respect to any Objectionable Content that you report to us. The Company in its sole discretion may terminate, suspend, warn or take other appropriate actions against any Participant for Posting Objectionable Content to the Platform.
8. Third-Party Sites, Products and Services; Links. The Platform may include links or references to other web sites or services solely as a convenience to Students (“Third-Party Sites”). The Company does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, Company’s brand partners (“Brand Partners”) found on or through the Platform are solely between you and such Brand Partner. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK.
9. Termination. You agree that the Company, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with the Company, including, without limitation, your User Account, or your use of the Platform and remove and discard all or any part of your User Account, Platform profile, and any Contributions, at any time for any violation of the Terms. You agree that any termination of your access to the Platform or any account you may have, including, without limitation, your User Account, or portion thereof may be effected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination. You should therefore make sure that you maintain backup copies of any Contributions you Post to the Platform. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity. As discussed herein, the Company does not permit infringing activities on the Platform, and will remove all Contributions that are found to be infringing.
10. Ownership. The Platform is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Platform provided by the Company (collectively, the “Materials”), Class Projects, Lessons and related materials provided by the Company and Teachers (collectively, “Class Materials”), and other materials or content provided by Brand Partners (“Brand Partner Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Contributions that are provided and owned by a Student, all Materials, Class Materials, and Brand Partner Content contained on the Platform are the property of the Company, its subsidiaries or affiliated companies, third-party licensors, Brand Partners, and/or Teachers (to the extent that Teachers include any pre-existing work owned by Teachers in Class Materials). All trademarks, service marks, and trade names are proprietary to the Company, its affiliates, third-party licensors, Brand Partners, and/or Teachers. The Company hereby grants you a non-exclusive, non-assignable, non-sublicensable and revocable license to access and use the Platform in accordance with these Class Projects Guidelines and the Terms, subject to the Company’s right to terminate your right to use the Platform in its sole discretion at any time and for any or no reason. Except as expressly authorized by the Company in writing, you agree not to sell, license, distribute, copy, modify, publicly perform, publicly display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use, on or off of the Platform, of the Materials, Class Materials, or Brand Partner Content. The Company reserves all rights not expressly granted in these Class Projects Guidelines and the Terms, and there are no implied licenses granted by the Company to you or any third party. If the Company decides in its sole discretion to Use any Contribution Posted by a Student to a Class Project in a Final Product, then the terms and conditions of the Terms as it relates to Final Products, including Section 14(b) of the Terms on “Credits and Title”, will apply to such Contribution.
11. Indemnification.
    1. You agree to indemnify, defend, and hold the Company, its affiliated companies, contractors, officers, directors, employees, shareholders, agents, and advisors, and its third-party suppliers, licensors, partners, licensees, Sublicensees, heirs, successors, and assigns, and each of their officers, directors, employees, shareholders, agents and advisors, and any third-party advertisers advertising before, during, after or in relation to any Contributions Posted by you (each, a “Company Party,” and collectively, the “Company Parties”) harmless from and against any and all loss, liability, damage, award, settlement, judgment, fee, cost or expense (including reasonable attorneys’ fees and costs of suit) (“Losses”) from any third-party claim, allegation, action, demand, proceeding or suit (“Claim”) arising in any way out of: (i) your use or misuse of the Platform; (ii) any violation by you of these Class Projects Guidelines or the Terms; (iii) any breach of the representations, warranties, and covenants made by you in these Class Projects Guidelines or the Terms; or (iv) any Company Parties’ Use of any of your Contributions as authorized in these Class Projects Guidelines. The Company Parties are intended third-party beneficiaries of these Class Projects Guidelines and the Terms and will have the right to enforce any indemnification obligations or other representations, warranties or covenants that you have made pursuant to these Class Projects Guidelines or the Terms.
    2. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify any Company Party if the Company has a good faith belief that you are unable or unwilling to adequately defend the Company Parties, and you agree to cooperate with the defense of these Claims. The applicable Company Party will use reasonable efforts to notify you of any Claim for which it is entitled to indemnification upon becoming aware of it. Notification to you via e-mail will be sufficient for notice pursuant to this paragraph and it is your responsibility to maintain a current e-mail address on file with the Company at all times. A Company Party’s inability to contact you via e-mail for any reason will not nullify your indemnification obligations under these Class Projects Guidelines or the Terms.
12. Disclaimers; No Warranties; Release.

    1. No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WITH RESPECT TO ALL RECORDS, CONTRIBUTIONS, FINAL PRODUCTS, MATERIALS, CLASS MATERIALS, AND BRAND PARTNER CONTENT MADE AVAILABLE ON OR THROUGH CLASS PROJECTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY COMPANY PARTY OR THROUGH CLASS PROJECTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

    2. “As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT USE OF CLASS PROJECTS AND ALL RECORDS, CONTRIBUTIONS, FINAL PRODUCTS, MATERIALS, CLASS MATERIALS, AND BRAND PARTNER CONTENT IS AT YOUR SOLE RISK. CLASS PROJECTS, AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, RECORDS, CONTRIBUTIONS, FINAL PRODUCTS, MATERIALS, CLASS MATERIALS, BRAND PARTNER CONTENT, THIRD-PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH CLASS PROJECTS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    3. Content. THE COMPANY PARTIES DO NOT WARRANT THAT THE DATA, SUBMISSIONS, FUNCTIONS, RECORDS, CONTRIBUTIONS, FINAL PRODUCTS, MATERIALS, CLASS MATERIALS, BRAND PARTNER CONTENT OR ANY OTHER INFORMATION OFFERED ON OR THROUGH CLASS PROJECTS OR ANY THIRD-PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

    4. Accuracy. THE COMPANY PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF CLASS PROJECTS, RECORDS, CONTRIBUTIONS, FINAL PRODUCTS, MATERIALS, CLASS MATERIALS, BRAND PARTNER CONTENT OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

    5. Harm to your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, CLASS MATERIALS, BRAND PARTNER CONTENT, RECORDS, CONTRIBUTIONS, FINAL PRODUCTS, OR DATA THROUGH CLASS PROJECTS (INCLUDING RSS FEEDS) OR ANY THIRD-PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

    6. Release. You hereby release, and forever discharge the Company Parties from and against any and all accounts, actions, agreements, assertions of right, assessments, bills, causes of action, charges, claims, complaints, controversies, covenants, damages, debts, demands, dues, judgments, liabilities, obligations, proceedings, promises, reckonings, suits, and sums of money, whether or not they have been subject to dispute or otherwise and whether known or unknown, whether asserted or unasserted, whether determined, determinable or otherwise, whether strict, absolute or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, whether incurred or consequential, whether due or to become due, suspected or unsuspected, at law or equity, whether under federal or state law, by reason of any matter, cause, or thing whatsoever that you may now have, have had, or at any time hereafter may have against the Company Parties arising out of any Use by such Company Parties or their licensees or sublicensees of your Contributions or your name, image, voice, and likeness of any identifiable person in any Contributions you Post to the Platform (all of the foregoing “Released Claims”) for any Uses authorized in these Class Projects Guidelines or the Terms; provided, however, that the Released Claims do not extend to a breach by a Company Party of these Class Projects Guidelines or the Terms. By this we mean that Company cannot breach these Class Projects Guidelines or the Terms and expect you to have released us for such breach as a result of your agreeing to the Released Claims.

    7. You agree not to hold any Company Party liable for the content, actions, or inactions of other Participants, and you hereby release all Company Parties from any and all Released Claims arising out of or in any way connected with any dispute you have or claim to have with one or more Participants, including whether or not any Company Party becomes involved in any resolution or attempted resolution of the dispute. Any dispute you have with another Participant is to be resolved by you and such Participant in any forum with jurisdiction over such dispute, and you agree to indemnify any Company Party for any costs incurred by it if you involve such party in the dispute or any attempt to resolve such dispute.

    8. You acknowledge that you are aware that you may hereafter discover claims or defenses presently unknown or unsuspected, or facts in addition to or different from those which they now know or believe to be true, as to the matters released in Section 12.f). Nevertheless, it is your intention through these Class Projects Guidelines to fully, finally, and forever settle and release all Released Claims. In furtherance of such intention, the Released Claims herein given by you shall be and remain in effect as a full and complete release of such matters, notwithstanding the discovery or existence of any such additional or different claims, defenses, or facts related thereto. In granting the Released Claims, you are not relying upon any statement, representation, inducement, or promise of any Company Party, except as expressly set forth in these Class Projects Guidelines or the Terms.

    9. You represent that you have been advised by legal counsel (or if not, you have elected not to seek such advice and waive your right to do so) and that you are familiar with the provisions of Section 1542 of the Civil Code of the State of California (or any similar law of any other relevant jurisdiction) which reads as follows:

       A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

    10. You waive and relinquish any right or benefit that you may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits pertaining to the subject matter of these Class Projects Guidelines or the Terms.

13. Limitation of Liability and Damages.
    1. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE CLASS PROJECTS GUIDELINES OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE CLASS PROJECTS OR ANY THIRD-PARTY SITES, OR ANY OTHER INTERACTIONS WITH ANY COMPANY PARTY, EVEN IF THE COMPANY OR ANY OTHER COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT THE COMPANY WOULD NOT BE ABLE TO OFFER CLASS PROJECTS TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
    3. Limitation of Damages. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE CLASS PROJECTS GUIDELINES OR YOUR USE OF CLASS PROJECTS OR YOUR INTERACTION WITH OTHER PARTICIPANTS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAYABLE BY YOU TO THE COMPANY FOR YOUR USE OF CLASS PROJECTS, IF ANY, DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
    4. Third-Party Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED THROUGH OR ADVERTISED ON CLASS PROJECTS OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
    5. Consumer End Users (Outside of the USA). This Section 13.e applies only to Participants residing and using the Platform outside of the United States. The limitations or exclusions of warranties, remedies and liability contained in these Class Projects Guidelines do not affect or prejudice the statutory rights of a consumer (i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the United States). Accordingly, the limitations or exclusions of warranties, remedies and liability contained in these Class Projects Guidelines apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
14. Dispute Resolution. For the avoidance of doubt, your use of the Platform is subject to the Dispute Resolution Section of the Terms. For the purposes of these Class Projects Guidelines and integration with the Terms, any reference to a “Contribution” in the Dispute Resolution Section of the Terms will be deemed to include a Class Contribution, and any reference to “HitRecord” in the Dispute Resolution Section of the Terms will be deemed “the Platform”.
15. Miscellaneous. For the avoidance of doubt, your use of the Platform is subject to the Miscellaneous Section of the Terms. For the purposes of these Class Projects Guidelines and integration with the Terms, any reference to “HitRecord” in the Miscellaneous Section of the Terms will be deemed “the Platform”.