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”.