Terms of Service

Last Updated: 5/3/2020

Welcome to Fanschool! Please read these Terms of Use (“Terms” or “Agreement”) carefully. Fanschool is a Delaware corporation that owns and operates the Fanschool website and associated sites (“Sites” or “Site”). Throughout this Agreement, “we,” “our,” and “us” means Fanschool unless otherwise indicated.

To use the Sites, you represent that:
-You are a U.S. resident physically located in the United States;
You are at least 18 years old, or have the permission of a parent or legal guardian and are lawfully able to enter into contracts;
-You agree to comply with this legally-binding Agreement; and
-You have all necessary rights and authority to use this Site and Fanschool’s services, including (but not limited to) the right to upload content, and you have received all necessary permissions from any educational institution, school district, and students’ parent(s) or legal guardian(s).

If you do not have the necessary authority, or if you do not agree with any of the terms in this Agreement, then you may not use the Sites. Any use of the Sites in violation of this Agreement is prohibited.

Important Note for Educators

As specified below, you ensure that any content you post on the Site:
-Does not violate any local laws, regulations, or policies of your school and school district, and
-Does not contain pictures of or information about any student without express written permission from the student’s parent(s) or legal guardian(s).

Services

This section outlines the services that our Sites provide, and that are covered in these Terms.

Fanschool connects students and families around academic content. Fanschool facilitates endorsements of educators. The Sites provide you access to information, data, files, and services related to Fanschool and its work including text, photographs, audio and video, graphics, software, logos, images, and other content (collectively, “Content”), and are subject to these Terms. Any new Content added to the Sites (including all revisions, modifications, and enhancements to the Sites) will be covered by this Agreement effective upon the date of each addition.

The Site is a platform that facilitates endorsements from Community members to Educators, but Fanschool is not a party to any agreement between any users. Fanschool is not a broker, agent, financial institution, creditor, or insurer for any user, and we don’t intend to provide financial, legal, tax, or other professional advice. Before making any decision regarding any gifts, you should consult your financial, legal, tax, or other professional advisor as appropriate. You acknowledge that you access any content by using the Site at your own risk.


Our Proprietary Materials

This section provides information on what you can and can’t do with the Content found on our Site.

Fanschool owns (or is licensed to use) the Sites, and the trademarks, service marks, and logos within it. These are protected by copyright, patent, trademark, and other intellectual property laws of the United States and other countries, as well as by international treaties and conventions.

The Site, including its Content, may be used solely for your personal, informational, and non-commercial purposes. You can use our logo and other Content found on fan.school in alignment with our branding assets. You may not modify, copy, scrape, augment, delete, distribute, transmit, reproduce, publish, license, monetize, create derivative works from, transfer, or sell the Content you access through our Sites, except that you may view the Site and its Content in their present form. All other uses of the Site and Content require prior written consent from Fanschool. All rights to this Content are reserved by Fanschool or their respective owners, except where noted otherwise.We grant you limited rights to link to our Sites. By publishing a link to our Sites on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Sites and Fanschool. If this is not the case, you may not link to any Site. Fanschool reserves the right to rescind the right to link to its Sites at its sole discretion.

Use and Restrictions

This section outlines the things that you can and can’t do when accessing or using our Sites, regardless of whether you’ve set up an account.

You are responsible for using the Sites according to the Terms, and you are responsible for your activity on the Sites and for all activity that occurs under your account, should you choose to create one.

If you create an account, you agree to:
Only provide information that is true and accurate, and to promptly update that information in the event of any change;
Maintain the confidentiality of your user name and password;
Notify Fanschool if you know of or suspect a security breach of our Sites;
Maintain only one account; and Use the Sites in compliance with all applicable laws, regulations, and institutional policies.

You will not use the Sites to:
Harm, threaten, abuse, disrespect or harass other users, or share content that is unlawful, vulgar, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically, or otherwise objectionable;
Impersonate another user or provide false information;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Sites;
Damage or interfere, or attempt to damage or interfere with the proper working of the Site or surreptitiously intercept any system, data, or personal information from the Site. This includes transmitting any material to the Sites that contains viruses, worms, files, programs, or other computer code designed to disable, interrupt, destroy, redirect, monitor another’s usage, or to limit or otherwise inhibit the functionality of any computer software, hardware, or telecommunications equipment;
Intentionally or unintentionally violate any applicable law;
Resell, decompile, reverse engineer, disassemble, or otherwise convert the software underlying the Sites; or Monitor the Site’s availability, performance, or functionality for any competitive purpose, or develop a competing product or service using the Content available on the Site;
Contact, advertise to, solicit, or sell to any person featured on the Site; or to otherwise use contact information provided on the Site for unauthorized purposes.

Any unauthorized use of the Site or its Content may subject you to civil or criminal liability and may result in Fanschool terminating your use of the Site. Fanschool reserves the right to exclude any user from the site, including any Educator or Contributor, at its sole discretion.

User-Generated Content

As a social platform, we rely on user-generated content to run our website. This section covers the rules you need to abide by and the permission you give us when submitting any content to Fanschool.

When you submit Content to Fanschool, you represent that you have all the necessary rights, licenses, waivers and releases to post, email, or upload the content. You’re also responsible for the legality, reliability, appropriateness, originality, and copyright of any such content.

While you retain ownership of the works you create or submit to Fanschool, such as the project essay, you grant us and others working on our behalf a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, and fully-sublicensable license to use any submission, and any portion of a project, in furtherance of Fanschool’s purposes and activities and to promote Fanschool, the Sites, and its programs. This includes the right to copy, publish, display, create derivative works, and make other uses of the submission and license others to do the same, for Fanschool’s purposes.

Fanschool may preserve any content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, applicable laws, or government requests; to enforce these Terms; to respond to claims that any content violates the rights of third parties; or to protect the rights, property, or personal safety of Fanschool, its users, or the public.If any content you posted to the Site contains your name, image, or likeness, you hereby release and hold harmless Fanschool and its contractors and employees from all claims of invasion of privacy, publicity, libel, or any other claims made by you or any successor to such claim in connection with the content you provided.

Copyright Issues

This section describes the process you agree to should there be any copyright concerns regarding Content on our Sites.

We will process and investigate clear notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.

Educator Terms

This section outlines what’s additionally required of you when creating a Educator account on Fanschool.

Educator Accounts
By registering for an educator account with Fanschool, you acknowledge and agree that:
You are a “Educator,” meaning that you are a current or former employee of a PreK-12 public school, private school, charter school, or Head Start Center in the 50 states or District of Columbia, verifiable by Fanschool;
No local law, regulation, or institutional policy prohibits your use of the Site.
From time to time, Fanschool may contact you through email about your account, Fan Page, or use of the Sites. Even if you “opt out” of a correspondence, you’re still responsible to be aware of any information or updates we send about your account.

Endorsements

Fanschool has sole discretion to approve Endorsements submitted by fans. By endorsing an Educator on our Site, you acknowledge and agree that:
Any donation you make is legal in your jurisdiction, and
You, your friends or family members will not financially benefit from the endorsement.
You have the right to upload all data or information that you provide.
Fanschool is not required to treat any submission as confidential, and we may post messages alongside as part of the Fan Page for an Educator.


Limitation of Liability

This section explains how we are not liable for any damages resulting from your use of our Sites.

In no event shall Fanschool, its agents, affiliates, licensors, and service providers, and, in each case, their directors, officers, representatives, employees, subcontractors, advisors, volunteers, or anyone else who has been involved in the creation, production, or delivery of the Sites and the content contained thereon (collectively “Fanschool and its Affiliates") be liable for any damages whatsoever, including, without limitation: direct, indirect, punitive, incidental, special, consequential, or exemplary damages, damages for loss of products, use of data or other intangible losses resulting from the use of any of the Sites, the content contained thereon, or any linked site, or with the delay or inability to use the Sites or the Content contained thereon, (including any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or equipment or network failure) whether based on contract, tort, strict liability, or otherwise, even if there is negligence by Fanschool and/or any authorized Fanschool representative or any person has been advised of the possibility of such damages.You understand and agree that your use of the Sites is predicated upon your waiver of any right to sue Fanschool and its affiliates and to participate in any class action suit for any losses or damages resulting from your use of the Sites. Where applicable law does not permit the limitation of liability, implied warranties, or the exclusion or limitation of certain damages set forth above, the aggregate liability of Fanschool shall not exceed one hundred dollars ($100).Fanschool has no control over the conduct of or any information provided by Fans, Educators, or any user(s), and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law, including, but not limited to, any errors or omissions in the content, for any loss of any kind incurred as a result of the use of any such content.Termination

This section describes how this Agreement can be terminated by you or Fanschool, and what you agree to when that happens.

You may terminate this Agreement by contacting us to cancel your account account, as applicable, and stopping all use of the Sites. Fanschool may take any action against you that we deem necessary or appropriate if we believe that you are violating the Terms, infringing any intellectual property right or other right of any person or entity, violating any law, or creating liability for Fanschool. We will take all appropriate legal action, including, without limitation, referral to law enforcement. We may also terminate, suspend, or limit your access to all or part of the Site and the Content for any or no reasons, including, without limitation, any violation of this Agreement, in our sole judgment, and without warning or prior notice.

Severability and Construction

If any provision of this Agreement is unlawful, void, or unenforceable, the remaining provisions will remain in effect. The section headings are for convenience only and do not have any force or effect.

Indemnification

You agree to indemnify, defend, and hold Fanschool and its Affiliates harmless from and against any and all loss, liability, claims, causes, actions, damages, or penalties including reasonable attorneys' fees incurred in connection with any claim made by any third party due to or arising out of the followingYour use of any Site or Content in violation of any term of this Agreement or any applicable law or regulation;Breach of your representations and warranties as set forth in these Terms;Any content you provide to Fanschool or the Site;Any technical, security, or other disruption to the Site or systems transmitting the Site to you to the extent such disruption is related to your actions;Any action taken by us during or as a result of any investigation by us into you.You agree that you’ll cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Contact Fanschool

If you have any questions about the Sites or this Agreement, you may contact us via e-mail at support@fan.school. You can also send questions or comments to the address below.

Privacy

We are committed to protecting the privacy of any personal information you may provide to us when you use the Sites. This Agreement includes and incorporates by reference Fanschool’s Privacy Policy (fan.school/privacy). By accepting the terms of this Agreement, you agree to abide by the terms of this Privacy Policy.

Entire Agreement

This Agreement, including the terms specifically applicable to Fans and Educators, and other policies and notices Fanschool may post on the Sites, constitute the entire agreement between Fanschool and you in connection with your use of the Sites and supersedes any prior agreements between Fanschool and you regarding such matters, including prior versions of this Agreement. The terms of this Agreement are effective until terminated. In the event of termination, the disclaimers, limitations of liabilities, and indemnities set forth in this Agreement will survive.

Updates to this Agreement

We may revise this Agreement at any time. By your continued use of the Sites, you agree to be bound by future revisions. If we make a material change to this Agreement we may post advance notice on the Site, and if you are a Educator or Fan with an active account, we may also notify of any such changes via the email we have on file for you, or otherwise as required by law, and request your consent to such changes.

You may also send questions or comments to our mailing address:

Fanschool
1330 Lagoon Ave
Floor 4
Minneapolis, MN 55408