Welcome to the takeClassy web site (the “Service” or “Site”), operated by J+J Studios, LLC (the "Company"). By visiting the Site or accessing or using the Service, you signify that you have read, understand, and agree to be bound by these Terms of Service ("Terms of Service"), without regard as to whether you are a registered member of takeClassy. If you do not agree to these Terms of Service, you should not visit the Site or access or use the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Terms of Service at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Service and to review such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

These Terms of Service apply to members and non-members alike. In order to use the Service, you must accept these Terms of Service. You may do so by (a) registering for membership with the Service and/or Company or (b) by actually using the Service.

You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Service. In any case, you confirm that you are over the age of 13, and acknowledge that the Service is not intended for children under 13 years of age. You may not use the Service and may not accept the Terms of Service if you by law are barred from using the Service or accepting the Terms of Service.

By using takeClassy, you agree to all the terms below. These terms may be updated in the future. You must be at least 13 years of age to use the service.

The entire content (images, graphics, audio, video, text, and the like) of this Site is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded, or otherwise used except as provided herein without the express written permission of the Company.

All Company trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated, are the intellectual property of the Company or its affiliates. The use (except as permitted herein) or misuse of the trademarks or any other intellectual property of the Company is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law, and publicity and communications regulations and statutes.

Please respect our company’s trademarks and copyrights.

You may download or copy the content displayed on this Site for your personal use only. No right, title or interest in any downloaded material or software is transferred to you as a result of such downloading or copying.

By accessing this Site, you agree not to use the Site in any way that is prohibited by these Terms of Service, including using the Site in a way that is illegal or that could give rise to civil liability and using the Site to violate the security of this Site or otherwise cause injury to takeClassy or any other party. takeClassy reserves the right to take such action as it deems appropriate in cases where this Site is used to disseminate such materials.

This Site may include links to other web sites that are not under the control of the Company. Please be aware that when you follow a link to another site, takeClassy's Terms of Service and Privacy Policy do not apply, and takeClassy does not control what other sites do with user information. These other web sites have their own policies regarding privacy and you should review them.

Content you copy or download from the site should be for personal use only.

Don’t violate others’ rights or do anything to intentionally damage the functioning of the site.

Class descriptions may include links to other websites.  We are not responsible for those links or for those third-party sites.

You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree to notify the Company immediately in case of any unauthorized use of your account. You agree not to use the Site:

(1)
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

(2)
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

(3)
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.

(4)
To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any "junk mail," "chain letter,” or “spam," or any other similar solicitation.

(5)
To impersonate or attempt to impersonate takeClassy, a takeClassy employee, another user or any other person or entity associated with any of the foregoing.

(6)
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm, harass, threaten, abuse, or intimidate users of the Site or expose them to liability.

(7)
To use the Services in a manner that is not consistent with these Terms of Service or not in compliance with applicable laws and regulations.

(8)
To disclose to any third party any of your password(s) associated with your use of the Service.

Additionally, you agree not to:

(1)
Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, misogyny, ethnic slurs, religious intolerance, or encourages criminal conduct.

(2)
Post any illegal or unauthorized content or use for any illegal or unauthorized purposes.

(3)
Post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any takeClassy user.

(4)
Post advertisements or solicitations of business.

(5)
Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

(6)
Forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Service.

(7)
Access, collect or store personal data about other users in connection with the prohibited conduct and activities described in this “Prohibited Uses/Access” section.

(8)
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

(9)
Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

(10)
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

(11)
Use any device, software, or routine that interferes with the proper working of the Site.

(12)
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(13)
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

(14)
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

(15)
Otherwise attempt to interfere with the proper working of the Site.

You can’t use this site to post pornographic material, harass people, send spam, or do other inappropriate and illegal things.  Also, don’t attack the site or our servers.  

These content standards apply to any and all content you provide. All content provided by you must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, content you provide must not:

(1)
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

(2)
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

(3)
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

(4)
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

(5)
Be likely to deceive any person.

(6)
Promote any illegal activity, or advocate, promote, or assist any unlawful act.

(7)
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

(8)
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

(9)
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Don’t create a class with any content that is illegal, discriminatory, harassing, deceptive, or otherwise bad stuff.

You are solely responsible for the content, including but not limited to text, photos, information, or other content that you upload, publish or display (hereinafter, "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you did not create or that you do not have permission to submit.

The Site is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Service or provide to us.

When you post content on the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. To the extent you own the copyrights to the content you post on the Site, you retain ownership of the copyrights to such content.

Don’t submit any content that’s not yours or that you don’t have permission to submit.

We are not liable if something goes wrong with the service.  Always have a backup of your class description content.

Your content will preserve whatever copyright it had before uploading to this site.  You retain the copyright for all your content.

Articles and content that appear on takeClassy.com (the “Original Content Site”) that are created by the Company or one its contributors are the exclusive property of the Company and its licensors (“Company Original Content”). Except as explicitly provided herein, nothing in this Terms of Service shall be deemed to create a license to the Company Original Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Company Original Content. Subject to the terms and conditions of this Terms of Service, the Company provides you with a license to use the Company Original Content for your personal, noncommercial use only. The Company may terminate this license at any time for any reason or no reason. Use of Company Original Content for any purpose not expressly permitted by this Terms of Service is strictly prohibited.

Please respect the copyright of any original content takeClassy posts to the site.

If you believe any content accessible on or from the Site infringes your copyright or other intellectual property right ("Allegedly Infringing Materials"), you may request removal of the Allegedly Infringing Materials (or access thereto) from this Site by contacting the Company and providing the following information:

(1)
Identification of the protected material that you believe to be infringed. Please describe the material, and where possible, include a copy or the location (e.g., URL) of an authorized version of the material.

(2)
Identification of the content that you believe to be infringing and its location. Please describe the content and provide us with its URL or any other pertinent information that will allow us to locate the content.

(3)
Your name, address, telephone number, and (if available) email address.

(4)
A statement that you have a good faith belief that the Allegedly Infringing Material is not authorized by the owner, its agent, or the law.

(5)
A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the owner of the protected material or an authorized representative.

(6)
A signature or the electronic equivalent from the owner of the protected material or an authorized representative.

Information on Allegedly Infringing Materials issues relating to this Site should be sent to info@takeclassy.com.

In an effort to protect the rights of intellectual property owners, the Company maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

We take copyright infringement seriously.  If you are aware of any problematic content, please send an email with all the details to info@takeclassy.com.

The Company will use reasonable efforts to include accurate and current information on this Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, and other matters. The Company makes no warranties or representations regarding the accuracy of such information and will not be bound thereby. The Company reserves the right to correct any errors and to update the Site information at any time.

We do our best to make sure that all information on our site is correct and up-do-date, but errors could possibly occur.

Teachers and Venue Owners are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Classes and Classes held at their chosen Venue (“Class Location”). Teachers and Venue Owners alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Classes they offer or are held at their Class Location. Certain types of Classes may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Class(es) or Class(es) being held at your Class Location, you should always seek legal guidance.

If you’re teaching a Class or hosting a Class at your Venue, make sure that you’re complying with all applicable laws.  If you aren’t sure, double check with a lawyer.

The takeClassy Platform is an online marketplace that enables Users (Users who offer services are “Teachers” and the services they offer are “Classes”) to publish such Classes on the takeClassy Platform (“Classes”) to be accessed and registered for by Users that are seeking to book such Classes (Users registering for Classes are “Class Participants”). takeClassy may also provide information to Teachers regarding locations in their area where Classes could potentially be held (“Venues”), including, but not limited to, information about fees the owners of the Venue (“Venue Owners”) charge in order for a Class to be hosted in their space.

As the provider of the takeClassy Platform, takeClassy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Classes. Teachers alone are responsible for their Classes. When Users make or accept a booking, they are entering into a contract directly with each other. takeClassy is not and does not become a party to or other participant in any contractual relationship between Users, nor is takeClassy a real estate broker or insurer. No agency relationship shall be created as a result of any agreement between takeClassy and any User.

takeClassy has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Classes, (ii) the truth or accuracy of any Class descriptions, Venue descriptions, or other User content, or (iii) the performance or conduct of any User or third party. takeClassy does not endorse any User, Venue, or Class. You should always exercise due diligence and care when deciding whether to participate in or create a Class.

If you choose to use the takeClassy Platform as a Teacher or Venue Owner, your relationship with takeClassy is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of takeClassy for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit of takeClassy. takeClassy does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Class or Class Location. You acknowledge and agree that you have complete discretion whether to list Classes or offer a Class Location, or otherwise engage in other business or employment activities.

takeClassy is a platform that connects Teachers, Class Participants, and Venue Owners.  However, we can’t guarantee the details of all the postings on the Site, so always use your best judgment when deciding whether to participate in a Class in any capacity.  As a Teacher, Venue Owner, or Class Participant, it’s up to you to decide whether or not to use the Site.

In order to access and use the takeClassy Platform or register a Class or Venue you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

takeClassy may make access to and use of the takeClassy Platform, or certain areas or features of the takeClassy Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, or a User’s registration and cancellation history.
‍
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

You need to be 18+ to register for a Class. takeClassy isn’t responsible for confirming any User’s identity, but we may request certain identification information from Users to help prevent fraud or other issues.

takeClassy may charge fees to Teachers ("Teacher Fees”), including fees related to their choice to use a Venue (“Venue Fees”), to Venue Owners in relation to facilitating their Class Location listing (“Venue Listing Fees”), and/or Class Participants (“Class Participant Fees") (collectively, "Service Fees") in consideration for the use of the takeClassy Platform. More information about when Service Fees apply and how they are calculated can be found on our class creation page.

takeClassy reserves the right to change the Service Fees at any time, and will provide Users with at least thirty (30) days notice of any fee changes before they become effective. Such fee changes will not affect any Classes created prior to the effective date of the fee change.

You are responsible for paying any Service Fees owed to takeClassy. The applicable Service Fees (including any applicable Taxes) are collected by takeClassy. takeClassy will deduct any Service Fees before remitting payout to Teachers. This includes any relevant Venue Fees paid to Venue Owners.  takeClassy will likewise deduct any Service Fees before remitting the payout to Venue Owners. Any Class Participant Fees are included in the Total Fees (as defined herein) collected by takeClassy. Except as otherwise provided on the takeClassy Platform, Service Fees are non-refundable.

You agree to pay any fees associated with our service as explained on our Site.  If we change our fees, we’ll give you a heads-up, and the changes won’t apply to any Class that is already scheduled.

Terms applicable to all Classes

‍When creating a Class through the takeClassy Platform you must (i) provide complete and accurate information about your Class (such as class description, location, and date), (ii) disclose any deficiencies, restrictions, and requirements that apply (such as any minimum age, proficiency or fitness requirements for a Class) and (iii) provide any other pertinent information requested by takeClassy. You are responsible for keeping your Class information up-to-date at all times and informing takeClassy of any changes that need to be made to your Class listing.

You are solely responsible for setting a price (including any Taxes if applicable) for your Class (“Class Fee”). Once a Class Participant registers for your Class, you may not request that the Class Participant pays a higher price than in the class listing.

Any terms and conditions included in your Class Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Class Listing.

When a Class Participant registers for your Class, you are entering into a legally binding agreement with the Class Participant and are required to provide your Class to the Class Participant as described in your Class Listing when the registration is made. You also agree to pay the applicable Service Fees and any applicable Taxes.  If you choose to use a Venue for your class, you are entering into a legally binding agreement with the Venue Owner and are required to pay the applicable Venue Fees as described in the Venue listing when your class was created.

takeClassy recommends that Teachers obtain appropriate insurance for their Classes. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Class Participants while participating in your Class.

‍Class Location

‍You represent and warrant that any Class you post and the Class Participants’ involvement in the Class will (i) not breach any agreements you have entered into with any third parties or Venue Owners, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Teacher, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Class Location at your request or invitation, excluding the Class Participants.

Make sure the Class information you provide is correct.  When you create a Class, you’re responsible for honoring your agreement to hold the Class. Teachers should make sure they are properly insured for Class activities. Don’t hold a Class in a location where you aren’t allowed to.

Terms applicable to all Classes

‍Subject to meeting any requirements (such as completing any verification processes) set by takeClassy and/or the Teacher, you can register for a Class available on the takeClassy Platform by following the respective registration process. All applicable fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Class. You agree to pay the Total Fees for any class registration you complete through takeClassy.

Upon receipt of a registration confirmation from takeClassy, a legally binding agreement is formed between you and your Teacher, subject to any additional terms and conditions set by the Teacher that apply, including in particular the minimum attendance that must be met in order for the Class to take place. takeClassy will collect the Total Fees at the time of the Class registration.

‍Registering for a Class

‍You understand that a confirmed booking of a Class (“Class Registration”) is a limited license granted to you by the Teacher to enter the Class Location for the duration of the class.

You agree to leave the Class Location no later than the end time that the Teacher specifies in the Class Listing or such other time as mutually agreed upon between you and the Teacher. If you stay past the agreed upon end time without the Teacher’s or Venue Owner’s consent (“Overstay”), you no longer have a license to stay in the Class Location and the Teacher or Venue Owner is entitled to make you leave in a manner consistent with applicable law.

You should carefully review the description of any Class you intend to register for to ensure you meet any minimum age, proficiency, fitness or other requirements which the Teacher has specified in their Class Listing. At your sole discretion you may want to inform the Teacher of any medical or physical conditions, or other circumstances that may impact your ability to participate in the Class. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Class.

Before and during a Class, you must at all times adhere to the Teacher’s and Venue Owner’s instructions.

You may not bring any additional individuals to a Class.  Additional Class Participants must also register through takeClassy.

You agree to pay any fees associated with taking a Class as posted on our Site.  You agree to leave the Class Location when the Class is over.  Review the Class details and make sure you’ll be fit and capable of participating before signing up.  Always follow Teachers’ and Venue Owners’ instructions. Don’t bring guests to a Class — if your friends want to come, they should sign up as well.

Terms applicable to all Classes

‍When providing your Venue information for use on the takeClassy Platform you must (i) provide complete and accurate information about your Venue (such as facility description, location, and availability), (ii) disclose any deficiencies, restrictions, and requirements that apply (such as any fitness requirements to access your Venue) and (iii) provide any other pertinent information requested by takeClassy. You are responsible for keeping your Venue information up-to-date at all times and informing takeClassy of any changes that need to be made to your Venue information.

Pictures, animations, or videos (collectively, "Images") of your Venue provided for use on the takeClassy Platform must accurately reflect the quality and condition of the Venue. takeClassy reserves the right to require that Venue information for use on the takeClassy Platform include a minimum number of Images of a certain format, size and resolution.

You are solely responsible for setting fees (including any Taxes if applicable) for your Venue (“Venue Fee”). Once a Teacher selects your Venue for their Class, you may not request that the Teacher pays a higher price than in the Venue listing.

Any terms and conditions included in your Venue Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for the Class Listing.

When a Teacher selects your Venue for their Class, you are entering into a legally binding agreement with the Teacher and are required to make your Venue available as described in your Venue Listing when the Class is posted. You also agree to pay the applicable Venue Owner Fees and any applicable Taxes.

takeClassy recommends that Venue Owners obtain appropriate insurance for Classes being conducted on their premises. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Class Teachers and Participants while participating in the Class.

‍Venue Information

‍You represent and warrant that any Venue you offer for use and the Class Participants’ involvement in the Class will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Venue Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Venue at your request or invitation, excluding the Teachers and Class Participants.

Make sure the Venue information you provide is correct.  When you offer your Venue for use for a Class, you’re responsible for honoring your agreement to host the Class. Venue Owners should make sure they are properly insured for Class activities. Don’t offer to host a Class in a location where you aren’t allowed to.

Teachers, Class Participants, and Venue Owners are responsible for any modifications to a Class that they make via the takeClassy Platform or direct takeClassy customer service to make ("Class Modifications"), and agree to pay any additional Service Fees and/or Taxes associated with such Class Modifications.

Class Participants can cancel a confirmed booking at any time up until the minimum attendance for the Class has been met and the Class is confirmed, and takeClassy will refund the amount of the Total Fees due to the Class Participant in accordance with such cancellation policy.

If a Teacher or Venue Owner cancels a confirmed booking, the Class Participant will receive a full refund of the Total Fees for such Class.

For Classes, if weather poses a safety risk to Class Participants, or if it prevents a Teacher from carrying out a Class that takes place primarily outdoors, Teachers or Venue Owners may cancel the Class. Teachers or Venue Owners may also cancel the Class if other conditions exist that would prevent the Teacher from offering the Class safely.

In certain circumstances, takeClassy may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed Class and initiate corresponding refunds and payouts. This may be (i) where takeClassy believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to takeClassy, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.

If you make changes to your Class posting, Venue posting, or registration, you may need to pay additional fees.  

Class Participants can cancel for a full refund anytime before the Class minimum is reached.  After the Class minimum is met, cancelations may result in fees.

If a Teacher or Venue Owner has to cancel a booking, participants will be refunded in full.  Depending on the circumstances of the cancelation, the Teacher or Venue Owner may be responsible for fees related to the cancelation.  takeClassy may also need to cancel a Class in certain extreme cases such as a risk of danger or harm.

As a Class Participant, you are responsible for leaving the Class Location (including any personal or other property located at the Class Location) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Class Location, excluding the Teacher (and the individuals the Teacher invites to the Class Location, if applicable).

You are responsible for any damage you cause to a Class Location.

As a Teacher or Venue Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Class Fee any applicable VAT or other indirect sales taxes, or income taxes ("Taxes").

Tax regulations may require us to collect appropriate Tax information from Teachers or Venue Owners, or to withhold Taxes from payouts to Teachers or Venue Owners, or both. If a Teacher or Venue Owner fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

Teachers and Venue Owners are responsible for any taxes they need to pay or include in their Class/Venue fees.  Regulations may require takeClassy to collect tax information from Teachers and Venue Owners — please provide the necessary information if we request it.

It is prohibited to:

(1)
offer, as a Teacher or Venue Owner, any Class Location that you do not yourself own or have permission to make available as a Class Location through the takeClassy Platform;

(2)
book any Class if you will not actually be attending the Class yourself, unless takeClassy explicitly permits otherwise;

(3)
use the takeClassy Platform to request, make or accept a booking independent of the takeClassy Platform in order to circumvent any Service Fees or for any other reason.
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You acknowledge that takeClassy has no obligation to monitor the access to or use of the takeClassy Platform by any User or to review, disable access to, or edit any User content, but has the right to do so to (i) operate, secure and improve the takeClassy Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the lawful order or requirement of any court, law enforcement or other administrative agency or governmental body; (iv) respond to User content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist takeClassy in good faith, and to provide takeClassy with such information and take such actions as may be reasonably requested by takeClassy with respect to any investigation undertaken by takeClassy or a representative of takeClassy regarding the use or abuse of the takeClassy Platform.

If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to takeClassy by contacting us and providing any available reporting information. You agree that any report you make will not obligate us to take any action beyond that which is required by law.

Don’t offer a Class Location that you don’t legally have a right to use.  Class Participants should only register themselves and not register others.  Don’t post on the Site in a sneaky way to try to avoid Service Fees or direct people to sign up outside the Platform.

takeClassy isn’t obligated to monitor all User content, but we may edit or remove content if it is harmful or otherwise violates our terms, or if we’re asked to by the authorities.  If you see a User behaving badly, report them to the authorities and let us know.

The Company controls and operates this Site from the United States. The Company does not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of this Site. It is possible that some software that may be downloaded from this Site is subject to government export control or other restrictions. By visiting and using this Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States.

We’re based in the US.  If you’re in another country, please don’t do anything that’s illegal in your country or ours.

You agree to defend, indemnify, and hold the Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, in any way arising from, relating to, or in connection with your use of this Site, your violation of these Terms of Service, and/or your posting or transmission of any material on or through this Site, including but not limited to any third party claim that any information or materials you provide infringes any third party proprietary right.

To the maximum extent permitted by applicable law, you agree to release, defend (at takeClassy’s option), indemnify, and hold takeClassy and its affiliates and subsidiaries, including but not limited to, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the takeClassy Platform or any takeClassy Services, (iii) your interaction with any User, participation in a Class, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights.

We’re not liable if something goes wrong with the service. Make sure to keep a backup of your content just in case.

We are not responsible for issues that may occur when you are involved with a Class and will not be held liable for your actions.  Always use your best judgment.

THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS." THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. NEITHER THE COMPANY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO USE THIS SITE, LOSS OF CONTENT OR DATA ON THE SITE, OR ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY OF THE FOREGOING, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION SHALL NOT EXCEED ANY FEES PAID TO THE COMPANY BY YOU.

You agree that some Classes may carry inherent risks, and by participating in such Classes, you choose to assume those risks voluntarily. Such risks may include, but are not limited to, illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in Classes. You assume full responsibility for the choices you make before, during and after your participation in a Class. If you are bringing a minor as an additional class participant, you are solely responsible for the supervision of that minor throughout the duration of your Class and to the maximum extent permitted by law, you agree to release and hold harmless takeClassy from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Class or in any way related to your Class.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk and all liability arising out of your access to and use of the takeClassy Platform, your publishing or booking of any Class via the takeClassy Platform, your participation in any Class, or any other interaction you have with other Users whether in person or online remains with you. Neither takeClassy nor any other party involved in creating, producing, or delivering the takeClassy Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the takeClassy Platform, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the takeClassy Platform, or (iv) from your listing of or registration for a Class, including the provision or participation in a Class, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not takeClassy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Teachers pursuant to these Terms, in no event will takeClassy’s aggregate liability arising out of or in connection with these Terms and your use of the takeClassy Platform including, but not limited to, from your publishing or booking of any Classes via the takeClassy Platform, or from the use of or inability to use the takeClassy Platform and in connection with any Class, or interactions with any other Users, exceed the amounts you have paid or owe for Classes via the takeClassy Platform as a Class Participant in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Teacher, the amounts paid by takeClassy to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable.

We are not liable if a problem occurs with the service. Things can happen — we are not responsible.

Some Classes may have inherent risks. You acknowledge and accept those risks.  We aren’t responsible if something goes wrong.

These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Tennessee, without giving effect to any conflict of law provisions. Any dispute arising under these Terms of Service shall be resolved exclusively by an appropriate federal or state court sitting in the State of Tennessee. The waiver of any provision of these Terms of Service shall not be considered a waiver of any other provision or of the Company’s right to require strict observance of each of the terms herein. If any provision of these Terms of Service is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Service constitute the entire agreement between the Company and you relating to your use of this Site.

These are the full Terms of Service for takeClassy.  If any issues arise, they will be addressed through the appropriate legal channels.

The Company may terminate these Terms of Service, deny you access to the Site, and/or terminate your subscription at any time, immediately and without notice, if in the Company’s sole discretion you fail to comply with any term or condition of these Terms of Service.

We may terminate your account at any time if we deem that you have violated these Terms of Service.

If you have any comments or questions about this Site or these Terms of Service, please contact us at info@takeclassy.com.