Pre-arbitration clause:IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH O.SCHOOL THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 18.
2. Additional Agreements
Additionally, if You are an Instructor (as defined below), You are also subject to the Instructor Terms, which are hereby incorporated by reference into these Terms. If You are an Instructor, and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.
If You believe that any Content violates any laws or regulations, including, without limitation, any intellectual property laws, You should report the suspected violation to O.school in accordance with the procedures that We maintain under Our Intellectual Property Policy.
Pricing of O.school Submitted Content and Services is determined in accordance with the terms set forth in Our Instructor Terms and Our Pricing and Promotions Policy.
You also agree to abide by the Trust & Safety Policy and more specifically, the List of Restricted Topics.
We started O.school in order to create a safer space for people, especially women and gender diverse people, to explore and learn about sex and pleasure without shame.
Our Services enable students ("Students") to connect with Instructors (the "Instructors", together with Students, the "Users"), who provide live-streaming and recorded instruction, tutoring, and learning services as Submitted Content (as defined below) via Our Services. The Services include, without limitation, facilitating, and hosting Submitted Content and supporting materials and taking feedback from Users.
From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and O.school reserves the right in its sole discretion to modify or make changes to these Terms at any time. If We make any material change to these Terms, We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice through Our Services. Unless stated otherwise, modifications will become effective on the day they are posted.
Your continued use of Our Services after changes become effective shall mean that You accept those changes. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
O.school may modify the Services or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, video equipment, and other equipment required for such access and use.
If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees, then You hereby represent and warrant that You are authorized to supply such information and hereby authorize O.school to charge Your credit card on a regular basis to pay the fees as they are due.
If Your payment method fails or Your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any Services pending resolution of any amounts due by You to O.school.
All of Your use, access, and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitation, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Furthermore, access to Our Services from territories where the Instructors’ or O.school’s Content has been declared unlawful is prohibited. Those who choose to access or use the Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, and privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. If You use the Services or Third-Party Platforms (as defined below) from countries outside of the United States, You hereby agree that you shall abide by all local rules regarding online conduct and acceptable Content.
4. General Disclaimer
The Services are a marketplace for Instructors and Students. We are not responsible or liable for any interactions between Instructors and Students. We are not responsible for disputes, claims, losses, injuries, or damages of any kind that might arise out of or relate to conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.
We do not control Submitted Content posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of such Submitted Content. You also understand that by using the Services, O.school may expose You to Submitted Content that You consider offensive, indecent, or objectionable. O.school has no responsibility to keep such Content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.
The Services may give You access to links to Third-Party platforms ("Third-Party Platforms"), either directly or through Submitted Content or Instructors. O.school does not endorse any of these Third-Party Platforms and does not control them in any manner. Accordingly, O.school does not assume any liability associated with Third-Party Platforms. You need to take appropriate steps to determine whether accessing a Third-Party Platform is appropriate and to protect Your personal information and privacy on such Third-Party Platform.
You may access the Services only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree not to use the Services or the Company Content (as defined below) for any purpose not expressly authorized herein. You hereby acknowledge and agree that You assume any and all risks from any meetings or contact between You and any Instructors or other Users of the Services.
6. Obligations of Students
As a Student, You represent, warrant, and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for an Account;
- You are 18 years old or over. Those under the age of 18 may not use the Services, register for an Account, or purchase products or services;
- You acknowledge and agree that Your use of the Services is subject to O.school's approval, which We may grant or deny in Our sole discretion;
- You will maintain accurate and up-to-date Account information;
- You will not post any Content that would violate the List of Restricted Topics.
- You will not post any Content that may endanger your life or lead to your physical harm. Such Content includes but is not limited to suicide threats, intentional physical trauma, use of illegal drugs, or drinking excessively;
- You will not copy, modify, distribute, reverse engineer, reproduce, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit the Services or any Submitted Content or Company Content except as expressly permitted by these Terms;
- You will not disclose any personal information to an Instructor and You furthermore will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information;
- You will not solicit personal information from any Instructor or other Student;
- You will not violate the privacy rights of others using the Services. It is prohibited to share Content that may reveal private personal information about individuals, or their private residences, without their permission. This includes but is not limited to:
- Sharing personally identifiable information (such as real name, location or ID).
- Sharing restricted or protected social profiles or any information from those profiles.
- Broadcasting Content obtained from filming or streaming in a manner that invades another’s privacy or takes place on private property, without permission.
- You will not impersonate another person or gain unauthorized access to another person's Account. Content or activity meant to impersonate an individual or organization is prohibited. Any attempts to misrepresent yourself as a member of the O.school staff, administrators, or moderators is a zero-tolerance violation and will result in immediate indefinite suspension;
- You will not evade or attempt to or evade suspension. All suspensions are binding until expiration or removal upon appeal. Any attempt to circumvent a site-wide, community, or chat suspension by using other accounts, identities, personalities, or presence on another user’s account will also result in suspension. Suspension evasion may lead to an indefinite suspension;
- You will not post, promote, facilitate, encourage, or provide any inappropriate, offensive, racist, hateful, sexist, ageist, ableist, false, misleading, incorrect, infringing, defamatory, discriminatory, harassing, violent, nationalist, ethnocentric, anti-religious, homophobic, transphobic, fatphobic, or libelous Content, comments, messages, or information;
- You will not post, promote, facilitate, encourage, or provide any content or activity that involves pornography or adult services. Nudity is prohibited. You hereby acknowledge that you understand that Conduct involving exploitation of minors will be reported to authorities via the National Center for Missing and Exploited Children;
- You will not upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation through the Services. Any Content or activity that disrupts, interrupts, harms, or otherwise violates the integrity of the Services or another user’s experience or devices is prohibited. Such activity includes:
- Posting large numbers of repetitive, unwanted messages or user reports
- Distributing unauthorized advertisements
- Defrauding others
- Spreading malware or viruses
- Misinformation (for example, feigning distress, posting misleading metadata, or intentional misinformation or miscategorization)
- Tampering (for example, artificially inflating follow or live viewer stats)
- Selling or sharing user accounts
- Reselling the Services or features (for example, moderation status)
- You will not frame or embed the Services in any manner; or
- You will not introduce any virus, worm, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Services. You will not scrape, spider, or use a robot or other automated means of any kind to access the Services.
Students understand and agree that Instructors from whom Students may have purchased Submitted Content may choose to terminate their Accounts with O.school and become inactive. O.school does not guarantee Instructor availability to Students and shall not be held liable for any issues relating to Instructor availability.
To use the Services, You will need to register and obtain an account. When You register, the information You provide to Us during the registration process will help Us in offering Content, customer service, network management, and other services. You are solely responsible for maintaining the confidentiality of Your account information (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify Us immediately of any actual or suspected unauthorized use of Your Account or any other actual or suspected breach of security. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge.
You may not transfer Your Account to any other person, and You may not use other Accounts, identities, personalities, or presences at any time. If you violate these rules, You are fully responsible for (i) the online conduct of such person and (ii) the consequences of any misuse.
8. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio, video, recorded streaming video, live streaming video, photos, images, emoji, posts, chat messages, comments, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof, is "Content."
Where O.school provides Content to You in connection with the Services, including, without limitation, the software, any promotional assets, the services, the products, and the website, it is "Company Content."
Content uploaded, transmitted, or posted to the Services by a User (including by any Instructor) is "Submitted Content."
Content remains the proprietary property of the person or entity supplying it, and there shall be no joint ownership of Content. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to O.school with respect to Your Submitted Content and that O.school shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any Third-Party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
O.school hereby grants You (as a User) a limited, revocable, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Submitted Content or Services. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Company Content unless We give You explicit permission to do so. The Services, Submitted Content, and Company Content are licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services, and any such direct license from an Instructor shall be null and void and a violation of these Terms.
Notwithstanding the foregoing, We reserve the right to revoke Your license to access and use Submitted Content and Company Content as further detailed in section 15 below.
If you are a Student, (1) You hereby agree that We may record all or any part of any Submitted Content (including video and voice chat communications) for quality control and delivering, marketing, promoting, demonstrating, or operating the Services, and (2) You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
O.SCHOOL RESPECTS ALL INTELLECTUAL PROPERTY, PRIVACY, DEFAMATION, AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, O.SCHOOL DOES NOT SCREEN THE SUBMITTED CONTENT, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND O.SCHOOL SHALL HAVE NO LIABILITY ARISING OUT OF SUCH USE. NO REVIEW, POSTING, OR APPEARANCE OF SUBMITTED CONTENT ON OR THROUGH THE SERVICES IS INTENDED TO ACT AS AN ENDORSEMENT OF OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY INTELLECTUAL PROPERTY, PRIVACY, OR OTHER RIGHT OR LAW OR THAT SUCH SUBMITTED CONTENT WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL.
If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a Third-Party, it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a Third-Party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to O.school in accordance with the procedures that We maintain under Our Intellectual Property Policy.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies, or processes or other ideas (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Services, Third-Party Platforms, email that You consider to be confidential or proprietary. You agree that We shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas You submit. You agree that by submitting to Us any User Ideas (including but not limited to any concepts, know-how or ideas), You hereby grant Us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of, and display the User Ideas in connection with the Services, and for O.school's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea.
9. Pricing, Payment, and Refunds
Pricing of O.school Submitted Content and Services is determined in accordance with the terms set forth in Our Instructor Terms and Our Pricing and Promotions Policy. If You are a Student, You hereby agree to pay the fees for access to all O.school Submitted Content and Services by clicking or tapping the relevant transaction button, and You hereby authorize Us to charge Your credit card for such fees. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge of 1.5% per month, or the maximum permitted by law, whichever is greater.
All payments are made to Deep Connection Technologies, Inc.
If you are a User in the European Union Users, by purchasing Submitted Content and Services (e.g., clicking or tapping the relevant transaction button), You are confirming that You want the Submitted Content and Services immediately credited to Your Account and that by doing so You are hereby waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) or any national laws implementing it. Notwithstanding the foregoing, You will still be eligible for the 30-day refund right as set forth in this section 10. For avoidance of any doubt, refunds to You shall be applicable only in accordance with our refund policy described in this section 10.
Purchases can be refunded within 30 days. Refunds are only available for purchases made on O.school websites (any subdomain of http://o.school). Any Content purchased through a Third-Party website will not be eligible for refunds. All refunds will be credited back to the card You used to make the original purchase.
- Reasons for Denied Refunds. We will not process refund requests received after the 30-day refund window. If Content was viewed or downloaded before the refund was requested, the refund request may be rejected.Students who purchase and refund multiple times over an extended period may be subject to suspension for abuse of the refund policy.
- Refunds for Bundles Purchased Through Third-Party Companies. If you purchased the Content through a Third-Party vendor, We cannot process Your refund. Contact the Third-Party vendor directly to request a refund.
The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or Third-Party companies and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved, and You may not use, alter, obscure, or link to the Trademarks without Our prior approval.
11. Warranty Disclaimer
THE SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, PUBLIC POSTING/SHARED CONTENT, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, O.SCHOOL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
O.SCHOOL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD-PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE, OR STATEMENT OF O.SCHOOL OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, REPRESENTATIVES, AGENTS, OR USERS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD-PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD-PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
12. Limitation of Liability
NEITHER O.SCHOOL NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES, OR ANY CODE, PRODUCT, OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD-PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD-PARTY PLATFORM, SUBMISSIONS, OR ANY LINKED WEBSITES IS TO STOP USING THE MATERIALS, SERVICES, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE.
13. Inaccuracies or System Outages.
Inaccuracies. A possibility exists that the Services provided on any Third-Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations to the Services available on any Third-Party Platform could be made by Third-Party companies. Although O.school attempts to ensure the integrity of the Services on Third-Party Platforms, we make no guarantees as to the Services' completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, please submit a request to email@example.com (with "Inaccuracies in Services on Third-Party Platform Name" as the subject line and in the body of Your message) with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Services or Third-Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see our Intellectual Property Policy.
System Outages. O.school periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that O.school has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third-Party Platforms; (b) any loss of materials, data, transactions, or any other information or materials caused by such system outages; (c) the resultant delay, misdelivery, or nondelivery of data, transactions, or any other information or materials caused by such system outages; or (d) any outages caused by any Third-Party companies, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third-Party Platforms, or any Internet facilities and networks.
You hereby agree to indemnify, defend, and hold harmless O.school, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives, and Third-Party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 14, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
O.school reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Public Posting/Shared Content, Submitted Content, or Company Content, or any Service; and (b) Your access to Our Services or Your Account, as follows:
- If You breach or violate any of these Terms or any of Our applicable policies, as posted on Our Services from time to time, O.school may take action immediately without prior notice to You. If We take action pursuant to this section, We shall not have any liability to You for any Submitted Content You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Submitted Content You may have purchased.
- We may also take action for any reason or no reason, in which case We will provide prior notice to You.
16. Electronic Notices
By using Our Services or communicating with O.school, You agree that O.school may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If O.school learns of a security system's breach, O.school may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to O.school at firstname.lastname@example.org with "Request for Written Notices" as the subject line and in the body of Your message. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, O.school may give You legal notice by mail to a postal address, if requested as above and provided by You through Your use any of the Services. In such case, notice will be deemed given three days after the date of mailing.
- Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
- Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of O.school to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice. Except as set forth in Section 16 above, any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered, certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither O.school nor any other party to these Terms shall have, or hold itself out to any Third-Party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
- Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California.
- Notice for California Users. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third-Party Platforms, must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) -year period, such claim or cause of action are forever barred.
18. Agreement to Arbitrate and Class Action Waiver
Before bringing a formal legal case, please first try contacting our support team at email@example.com with "Arbitration Agreement " as the subject line and in the body of Your message. Most disputes can be resolved that way.
- We Both Agree to Arbitrate.If we can't resolve our dispute amicably, You and O.school agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.
- No Class Actions.We all agree that we can only bring a claim against each other on an individual basis. That means that (a) neither You nor O.school can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then this section will be null and void, but, the rest of the Terms will still apply.
- The Arbitration Process.Any disputes between You and O.school relating to the Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance-based arbitration. In addition, You and O.school agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and O.school relating to the Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA's rules about whether the arbitration hearing has to be in-person.
- Jurisdiction for Legal Disputes Not Subject to Arbitration.If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in San Francisco, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
- Changes.Notwithstanding the provisions of the modification-related provisions above, if O.school changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing O.school written notice of such rejection by mail or hand delivery to: Deep Connection Technologies, Inc. Attn: Legal [268 Bush St. #3738 San Francisco, CA 94104], or by email from the email address associated with your Account to: firstname.lastname@example.org with "Arbitration Agreement" as the subject line and in the body of Your message, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and O.school in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Intellectual Property Policy
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Deep Connection Technologies, Inc. respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Instructors, students and other users of our website and services (the “Site”) to do the same. Infringing activity will not be tolerated on or through the Site.
O.school’s Intellectual Property Policy is to (a) remove material that O.school believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by "repeat infringers." O.school considers a "repeat infringer" to be any User that has uploaded Submitted Content to the Site and for whom O.school has received more than two takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such Submitted Content. O.school has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon O.school’s own determination.
2. Procedure for Reporting Claimed Infringement.
If you believe that any Content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit O.school to locate the material;
- Information reasonably sufficient to permit O.school to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
3. Designated Agent Contact Information.
O.school’s Designated Agent for notices of claimed infringement can be contacted at:
- Via email: email@example.com with "Copyright" as the subject line and in the body of Your message
- Via U.S. Mail: Deep Connection Technologies, Inc. 268 Bush St. #3738, San Francisco, CA 94104 Attn: Copyright Department4. Counter Notification.
If you receive a notification from O.school that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide O.school with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Company's Designated Agent through one of the methods identified above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
4. False Notifications of Claimed Infringement or Counter Notifications.
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of O.school relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
O.school reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the Designated Agent at firstname.lastname@example.org with "Digital Millennium Copyright Act" as the subject line and in the body of Your message or to the postal address identified above, in addition to any other comments, compliments, complaints or suggestions about O.school, the operation of the Site or any other matter.
5. Procedure for submitting a Trademark Infringement Notice
The fastest and easiest way to submit a claim of trademark infringement to us is to send a notice containing the following information to the Designated Agent identified below. Please note that a copy of your notice will be sent to the party who posted the Content you are reporting. Your communication must include substantially the following:
- Your complete contact information (full name, mailing address and phone number).
- The specific word, symbol, etc. in which you claim trademark rights.
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
- The country or jurisdiction in which you claim trademark rights.
- The category of goods and/or services for which you assert rights.
- Information reasonably sufficient to permit us to locate the material on O.school that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing Content.
- A description of how you believe this Content infringes your trademark.
- If you are not the rights holder, an explanation of your relationship to the rights holder.
- The following statement: “I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law”
- The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."
- Your electronic signature or physical signature.
6. Designated Agent Contact Information.
O.school’s Designated Agent for trademark infringement notices can be contacted at:
- email@example.com with "Trademark" as the subject line and in the body of Your message, if done via email
- Deep Connection Technologies, Inc. 268 Bush St. #3738 San Francisco, CA 94104 Attn: Copyright Department if done via physical mail.
Trust and Safety Policy
1. Instructor Identity Verification Process
To maintain the integrity of our learning community, all Instructors must verify their identity before they can publish Submitted Content.
If You are the owner and creator of the Submitted Content, You will be asked to provide Your legal name, address, date of birth, and national I.D. number. We will then verify Your identity with a third Third-Party provider We are partnering with to safely and accurately cross-check the information You provide. The information requested varies by country of residence.
Identity verification is only required once per Account. We will not store your date of birth, passport, or national ID information after the process is complete.
2. Community Guidelines
3. Process for Policy Violations
To protect the safety of our learning community, as the provider of the Services, We reserve the right to suspend any Account at any time for any conduct that We determine to be inappropriate or harmful. You are free to appeal your suspension, but We are not required to provide a reason for Our decision. Your access to the site may be restricted; there is no fixed time for the length of suspension. We will consider appeals of indefinite suspensions based on Our review of Your conduct, Account standing, and any other information We have. Our Customer Support and Moderation teams review all requests for reinstatement, and We process these along with other support requests.
If you see something, say something. If anything You see or experience ever seems like a violation, or You are unsure about a policy, just let us know by emailing firstname.lastname@example.org with "Policy Violation" as the subject line and in the body of Your message. Someone on Our team will review every report, answer Your questions, and determine whether there has been a violation of our policies.