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Terms of Use

Terms of Use

  1. Acceptance of Terms of Use
    1. The following terms and conditions shall govern your use of the ForClass website, located at www.forclass.com (the “Website“), as well as the download, installation and use of the ForClass application and any software files made available from time to time through (the “Software”, and together with the Website itself, the “Services”).
    2. By using the Services, you (the “User“) accept and agree to be bound by these terms and conditions. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE SERVICES.
    3. This Agreement constitutes the entire agreement between you and us, SimClass Ltd. (the “Owners“), with respect to the use of the Services, and shall replace any and all other agreements.
  2. Terms of Use
    1. You are granted permission to use the Services subject to your full compliance with the provisions of this Agreement.
    2. You may not use any of the Services if you are under the age of 17 or lack the legal capacity to do so.
    3. While using the Website or the Software, you may not perform, intentionally or carelessly, any of the following:
      1. Browse, surf, process, scan or use the services of the Software or Website via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers).
      2. Manipulate the URL of the Website, or otherwise gain access to any internal pages to which the Owners have not provided you with a direct link (including, without limitation, URL Hacking) or remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services.
      3. Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitations.
      4. Carry out any action which may infringe the copyrights of the Owners or any other copyright holder.
      5. Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm the public order, or could reasonably be viewed as obscene, pornographic, hateful, threatening, abusive, defamatory, harassing, libelous or intended to offend or harm the feelings of any specific individual or group of people.
      6. Carry out any action which violates any community guidelines we may publish on the Website from time to time.
    4. We reserve the right to bar you from using any of the Services, and suspend or cancel any action carried out on the Website or through the Software, at our sole decision and for any reason we deem fit, including, for example, due to any suspicion regarding violation of this Agreement or any applicable law or regulation.
  3. Registration to Service
    1. At our sole decision, the access to certain Services may be subject to additional terms and conditions or limited to Users who have subscribed to the Services (the “Account”), who maintain a 3rd Party Account (as defined below), who have provided certain information and details, or who are current in the payment of certain subscription fees or other fees.
    2. For details regarding protection of required information and the way such information is to be used and handled by the Owners, please refer to the Privacy Policy incorporated by reference herein (that is to say, constitutes an integral part of this Agreement).
    3. User shall not create more than one Account.
    4. It is clarified that information submitted by User must not contain partial or inaccurate data – only the full, current, true and accurate details required.
    5. If User is required to set or change a password for the Account, and so as to avoid any unauthorized access to the Account as well as any possible damage in the event such password is illegally obtained:
      1. User shall not disclose password to any third party nor shall user present, enter or use this password with respect to any third party service.
      2. User must be aware of the importance of changing the password on a periodical basis.
      3. User must be aware it is highly advisable for the password not to contain, whether in straight forward form or reverse order, any of the following: User’s name; identity, social security, passport or phone number; significant date; or dictionary word.
    6. User shall notify Owners immediately of any suspicion regarding unauthorized access to the Services through User’s Account or through a 3rd Party Account.
    7. Without limiting from Owner’s rights under Section ‎2.4, the Owners reserve the right to suspend any Account and condition access to Account on presentation of proof that these terms and conditions have not been violated.
    8. For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account or to any Services which are subject to additional terms and conditions or which are limited to User’s who have subscribed to the Services.
    9. Faculty Registration. You are only permitted to use the Services as a faculty user (the “Faculty User“) on condition that you are a faculty member, teaching-assistant, or similar educational professional who is employed by an educational institution (the “Institution”) to which students attend (the “Students”). Once you complete the registration process, the Services may enable you to send invitations to your Students via email, inviting such Students to register to use the Website and Services.
      In addition to your other obligations specified in these Terms as a User, by registering to use the Services as a Faculty User, you represent and warrant that: (i) you have full permission from the Institution to use the Website and Services on the Institution’s behalf; (ii) you have the legal right and authority to enter these Terms on the Institution’s behalf and to legally bind the Institution to these Terms; (iii) you will immediately cease using the Website and Services when you are no longer teach of the Students (unless you teach a new group of S); and (iv) you will not require any Students to register to use the Services; Students must be free to determine whether they wish to use the Services.
    10. THOUGH OWNERS MAINTAIN REASONABLE MEASURES TO SECURE AND PROTECT ACCOUNT CONTENTS AND INFORMATION REGARDING USER’S ACCESS TO SERVICES, OWNERS CAN NOT ENSURE DEFINITE PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND SHALL NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
  4. 3rd Party Login Services
    1. As specified in Section ‎3 above, use of or access to certain Services may be subject to registration or login via Facebook Connect or similar third party services (the “3rd Party Login Services“).
    2. Owners expressly disclaim any liability or responsibility to the use of 3rd Party Login Services in connection with the Services, and must assume you have been made familiar with the nature of these 3rd Party Login Services prior to registration or login.
      For more information regarding 3rd Party Login Services, their operation or the information they may share and exchange with the Owners, please visit the applicable 3rd Party Login Service website.
    3. By connecting with or logging in via 3rd Party Login Services:
      1. User warrants and certifies that the 3rd Party Login Services account stated or utilized by User (the “3rd Party Account”) constitutes User’s sole account with such  3rd Party Login Services, used by User, and solely by User, on a regular basis, and that no other entity or person has any right to access the 3rd Party Account; and
      2. User consents to Owners presenting or sending to or through such 3rd Party Account, or such email address or phone number, or social network account associated thereof, notifications and updates, to or on behalf of User, re User’s activities on the Website or through the Software and any amendment of the terms hereunder.
      3. User explicitly declares that any and all information regarding the 3rd Party Account, as well as the content thereof, made accessible to Owners by applicable 3rd Party Login Service shall be deemed, to the extent retrieved by Owners, as User’ Content (as defined in Section ‎9 below) explicitly furnished to Owners by User under the terms herein.
  5. Suitability of Services
    1. Services are provided As-Is. The Owners cannot guarantee the suitability of the Services to your needs or the availability of any of the Services.
    2. You are responsible to verify, prior to using the Services, their suitability to your needs, and you will have no claim against the Owners due to any mismatch of the Services.
  6. Responsibility for Information

Information presented through the Services (the “Information“) shall not constitute advice or professional opinion but rather the personal opinion of the Services’ users, the Owners, officers or their employees. The Owners do not represent in any way that any Information is accurate, complete, current or error free.

  1. EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY

THE USE OF THE WEBSITE, OUR SOFTWARE AND ACCESS TO THE SERVICES IS AT YOUR OWN RISK. NEITHER OWNERS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND USER’ CONTENT OR LICENSED CONTENT (AS DEFINED IN SECTION ‎11 BELOW) OR AS TO THE ACCURACY, RELIABILITY,TIMELINESS OR SUITABILITY OF ANY CONTENT ON THE SERVICES. SUBJECT TO THE APPLICABLE LAW, THE OWNERS, AS WELL AS THEIR AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHATSOEVER (EVEN IF OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCURRED BY USER DUE TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL DAMAGES, COSTS, CLAIMS OR OTHER LIABILITIES RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, RELATING TO USE OF THE SERVICES OR DUE TO THE NON-AVAILABILITY OF THE SERVICES, INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY ACCOUNT CONTENT OR INFORMATION, SHALL NOT EXCEED THE HIGHER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OR ACT GIVING RISE TO THE CAUSE OF ACTION (IF PAID) OR US$100. THIS SECTION 7 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. External Links
    1. Advertisements to third party products may be presented on the Services by an external service, matching the advertisements to the content. It is clarified that the Owners have no control over the selection of the advertisements displayed, the order of their presentation or their accuracy and are not a direct party to any transaction resulting from such advertisements.
    2. Certain adverts or Hyper-Links used in the Services may refer or direct to websites managed or owned by third parties. It is clarified that any links to such websites are supplied solely for the convenience of the User, and that the Owners did not examine these websites and do not support them or their content and can not verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites.
    3. It is emphasized that there is no distinction between internal links and external links, and it is your sole responsibility to verify the URL a link refers to before following it.
  2. Lack of Liability for Actions of Other Users
    1. In the course of the Services, and subject to the provisions of Section ‎10 below, users may upload content of their own creation (“User’ Content“) to be displayed on the Services, including, for example, lessons, exercises, posts, messages, video clips and pictures.
    2. It is clarified the process of registration and User’ Content upload is, fully or partially, an automatic process, thus the Owners cannot verify the identity of users nor examine their current or past records, status, background, reputation and conduct, nor authenticate the identity of the uploader or examine the content uploaded, and shall not be held liable for the consequences of interaction with any other user or for any User’ Content displayed in the Services.
    3. In the course of the Services, certain content, including User’ Content, may be rated by Services’ users or in conjunction with such users’ actions and behavior. It is clarified such rating does not represent the Owners opinion or impression, but rather that of the Services’ users, and User explicitly waives any claim against the Owners with respect thereof.
    4. User may not post any false, malicious, reckless, abusive, defamatory, offensive, inflammatory, or inappropriate information about any User’ Content. If User has cause to believe one person or entity is responsible for unlawfully affecting the ratings of an individual User’ Content or profile or acts in a way that contradicts this Agreement, especially the obligations of the User in Section ‎2.3 above, User is obliged to notify Owners which reserve the right to nullify actions carried out in violation of these terms.
  3. Content Uploaded by You
    1. In addition to the terms stated under Section ‎2.3.5 above, User explicitly warrants and represents that uploading User’ Content to Services and using, commercializing or displaying such User’ Content by Owners, in accordance with these terms, shall not constitute or result in violation of applicable law or regulation, including copyright or trademark infringement, violation of privacy, obscenity or slander.
    2. User further warrants and undertakes to refrain from uploading User’ Content which is contrary to public order; harmful to the body, rights or feelings of any person or entity; is misleading, inaccurate or untruthful.
    3. Additionally, User explicitly warrants and undertakes to refrain from uploading:
      1. any photograph or clip (i) the publication of which is likely to lead to humiliation or disrespect of an individual depicted therein; or (ii) was taken in the private domain; unless prior consent has been obtained;
      2. any information regarding an individual or a group of people, where making such information available to the public or any third party may (i) lead to the humiliation of an individual or a group of people in the eyes of the public or make such individual or group a target of hate, contempt or mockery; (ii) deride an individual or a group of people on account of their actions, behavior or attributes; (iii) harm the position, profession, business or occupation of an individual or a group of people; or (iv) deride an individual or a group of people on account of their race, decent, religion, residence, age, gender, sexual inclination or limitation;
      3. any sensitive, personal or geographic information relating to a minor under the age of 18; or any information relating to or potentially identifying a minor under the age of 14.
    4. Without derogating from Section ‎9.2, the Owners reserve the right to deny presentation of User’ Content and to suspend or remove User’ Content, as stipulated in Section ‎2.4.
    5. User reserves all rights to User’ Content created by User and uploaded by User to the Services. Despite the above, User hereby grants Owners a worldwide, free of charge and royalty free, non-exclusive, non-revocable and non-limited license to use, reproduce, modify, adapt, sublicense, publish, translate, distribute, transmit, create derivatives work of, transfer and display such User’ Content via any media. Further to the above, User hereby grants the other Users a personal, non-exclusive, non-revocable and non-limited license to use such User’ Content for their personal, educational and non-commercial use. It is clarified that the User, as owner of rights to the User’ Content, is responsible for enforcing any intellectual property rights.
    6. For the avoidance of doubt, User permits Owners to edit User’ Content prior to or following its display so as to conform to the Services editing policies, and undertakes to comply with any such policies presented by the Owners.
    7. Upon suspension or termination, User’s right to use the Services shall immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any User’ Content. To the extent you have paid any fees in consideration for the Services prior to termination of your account, you will not be entitled to any refund of such fees.
  4. Content Uploaded by Owners’ Licensors
    1. Users, who have subscribed to the Services, may be entitled to access certain content provided by our licensors on a variety of academic topics (the “Licensed Content” and the “Licensors”, respectively).The Owners cannot examine or review the Licensed Content, and shall not be held liable for any Licensed Content displayed in the Services. User shall use the Licensed Content at its own risk.
    2. Licensors reserve all rights not expressly granted in and to the Licensed Content.
    3. Licensors hereby grant the Users with a personal, non-exclusive, revocable and limited license to use the Licensed Content in accordance with these terms, for their personal, educational and non-commercial use.
    4. User explicitly warrants and represents that User shall not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any and all part of the Licensed Content.
  5. Notice of Infringement

If you have cause to believe any Services’ content to be in violation to the terms hereunder or in infringement of any applicable law, we would appreciate it if you would notify us of such content via email to contact@forclass.com, stating the violating content and the nature of violation.

  1. Privacy
    1. The terms of the Privacy Policy  constitute an inseparable part of these Terms and Conditions – by expressing your consent to these Terms and Conditions you hereby agree to the terms of the Privacy Policy.
    2. Regarding Software, please be advised some of the basic functionalities of the Software may require monitoring, recording and processing User’s activities with respect to the device through which the Software is accessed and the location thereof (“Activity-Information”). For the avoidance of doubt, Activity Information shall be protected and used only in strict accordance with our Privacy Policy, or otherwise subject to obtaining your explicit permission.
    3. FOR THE AVOIDANCE OF DOUBT AND REGARDLESS OF ANY PROVISION TO THE CONTRARY (IN THE PRIVACY POLICY OR ELSEWHERE), BY USING THE SERVICES YOU EXPLICITLY PERMIT THE OWNERS TO DISCLOSE YOUR PERSONAL INFORMATION (AS DEFINED IN OUR PRIVACY POLICY, WITH THE EXCLUSION OF PAYMENT AND BILLING INFORMATION), INCLUDING SUCH OF A PERSONAL OR SENSITIVE NATURE OR SUCH RELATING TO YOUR SEXUAL PREFERENCES AND ORIENTATION, TO OTHER USERS OF THE SERVICES.
  2. Copyright
    1. All rights, title and interest in and to the Website and Software, their design, source code, and content elements are held exclusively by the Owners or the content creator, as applicable, and unless explicitly permitted by the Owners, may not be subjected to any action which may be considered copyright infringement, including, without limitations, copying, transferring, selling, providing access to or otherwise using any such proprietary material outside of the specifically permitted uses herein.
    2. Regarding Software, it is clarified such is not sold or granted – rather, User may be granted a non-exclusive, non-transferrable, revocable, limited license to download, install and use the Software in accordance with these terms. In addition to the prohibitions above, User may not reverse engineer, decompile, modify, alter, reprogram or disassemble the Software or any part of it (nor may User allow such actions), or otherwise attempt to discover any source code or trade secrets related to the Software, User may not redistribute, sublicense, assign, pledge, rent, share or otherwise transfer any rights granted to User with respect to the Software.
    3. Except for the forgoing license, you have no other rights in the Services.
    4. For the avoidance of doubt, such license shall immediately terminate upon breach of any of the terms and conditions of this Agreement.
  3. Trademarks
    1. The trademark “ForClass” is used by the Owners in regard with their services and products and may not be used without their explicit permission.
    2. Any other trademarks appearing on the Services, whether currently or in the future, are the property of their respective owners, as applicable.
  4. Amendment to Services and Terms of Agreement
    1. The Owners may make Non-substantial Changes to the services or the terms of the Agreement, at any time, without having to give prior notice.
    2. The Owners may make Substantial Changes to the services or the terms of the Agreement, providing adequate notice will be displayed in the webpage of this Agreement, at least 7 days prior to the amendment taking effect, and providing the following conditions are met:
      1. You will be entitled to terminate the agreement prior to the amendments taking effect.
      2. The amendments will not affect any actions already taken by you prior to the amendments taking effect.
    3. It is solely your responsibility to check the terms of this agreement, every once in a while, for amendments.
    4. In this section, “Substantial Changes” shall mean any changes sufficient to impose new charges on the User, derogate from the User’s rights under this agreement, change any copyright permission or alter the Services’ privacy policy.“Non-substantial Changes” shall mean any changes which are not “Substantial Changes”.
  5. Waiver of Rights to Recommendations and Suggestions

In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Services (the “suggestions“) YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY OWNERS OF ANY THIRD PARTY. The Owners will exclusively own any rights to suggestions which, at their sole discretion, they have chosen to adopt.

  1. Indemnification

You undertake to indemnify, defend and hold harmless the Owners, its affiliates, Licensors, officers, directors, agents, and employees from and against any and all costs, damages, liabilities, losses,and expenses (including without limitation attorneys’ fees and costs of defense) resulting from any 3rd party claims or complaints arising from, or in connection with your actions on the Services or breach of this Agreement.

  1. Export Restrictions

The Software, as well as any and all parts thereof, is subject to the export and import licensing laws and regulations of Israel, and any amendments thereof. User may not export or re-export the Software and any part thereof directly or indirectly to any country or entity that is subject to any applicable export restrictions.

  1. Governing Law and Jurisdiction

This agreement shall be construed and governed by the laws of the State of Israel. Any dispute arising from the terms of this agreement, the use or misuse of the Software, Website, or any of the Website’s services shall be subject to the exclusive jurisdiction of the competent courts in the District of Tel Aviv, Israel.

  1.  Severability

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.