Terms of Use

Terms of Use

Last Updated: September 28, 2012
 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the ‘Site’). By accessing and using this Site, you are hereby agreeing to be legally bound by these terms and conditions. If you do not agree with all of the following terms of use, please do not use this Site.
 
These Terms of Use constitute a legally binding agreement between you and the Get Schooled Foundation (the "Get Schooled," "we" or "us"). Throughout these Terms of Use, the term “Site” includes all websites and webpages within GETSCHOOLED.COM as well as any equivalent, mirror, replacement, substitute or backup websites and webpages thereto and thereof. By using this Site, you understand, acknowledge and agree that you will abide by these Terms of Use and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site may also provide rules of participation (“Rules”) for certain activities and services including, but not without limitation, contests and sweepstakes, awards programs, membership clubs and email. The Additional Terms and any Rules are hereby incorporated in these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between these Terms of Use and the specific Rules for the activity in which you choose to participate, these Terms of Use shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under These Terms of Use and all additional terms incorporated by reference, including any indemnifications, warranties, and limitations of liability.
 
The content that appears on this Site is for information purposes only. Before you act on information that you find on this Site, Get Schooled encourages you to confirm any facts that are important to you and the decisions you make. While Get Schooled strives to provide useful and accurate information on our Site, you should know that errors may appear from time to time. The content and materials posted by you and other users and third parties is not endorsed by Get Schooled, nor does the Foundation guarantee the accuracy of any postings.
 
REGISTRATION AND ACCOUNTS
In order to access certain areas or features of the Site, you may be required to create an account.  When you create an account, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update such information, as necessary, to keep it accurate, current and complete; (c) maintain the security of your password; and (d) accept all risks of unauthorized access to your account and account information.  Get Schooled reserves the right to suspend an account or refuse registration for any or no reason, including when you violate these Terms of Use.
 
Creating an account on www.getschooled.com is free and is available to any individual age 13 and above.  Individuals under the age of 13 must have parental permission before creating an account.   Account holders can earn Get Schooled points by participating in specific Get Schooled activities on www.getschooled.com.  Get Schooled has sole determination over which activities earn points, and how many points each activity earns.  Get Schooled reserves the right to change activity and point designations at any time. 
 
Get Schooled points are never transferrable to another Get Schooled account.
 
A Get Schooled account holder may redeem Get Schooled points to obtain designated awards and benefits.  A full listing of current Get Schooled redemption options and their respective terms and conditions is available on www.getschooled.com under "Reward Store".  Get Schooled reserves the right to change awards and benefits at any time.
 
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property Get Schooled and/or its affiliates, assigns, licensors or other respective owners or rights holders, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Get Schooled hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Get Schooled. Use of Get Schooled’s and/or its licensors’ Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
 
REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS For information about Get Schooled's copyright policy go to https://getschooled.com/copyright-policy
 
MESSAGE BOARDS AND OTHER POSTINGS
To the extent that portions of this Site provide users an opportunity to submit, post, and exchange ideas, information and other material (the “Postings”) and their online user names (the “User Names”), please be advised that Postings do not necessarily reflect the views of Get Schooled, or their affiliates. In no event shall Get Schooled assume or have any responsibility or liability for any Postings or User Names or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings and User Names you provide and all information they contain and that such Postings and User Names shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
 
By submitting a Posting, you hereby authorize Get Schooled to use, and authorize others to use, your Postings and User Names in whole or in part, on a royalty-free basis throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature, including without limitation commercial use on and advertising and promotion of the Site. Without limiting the foregoing, Get Schooled will have the right to use and change the Postings in any manner, either with or without the User Name, in its sole discretion. Notwithstanding the foregoing, Get Schooled will have no obligation to use the Postings or the User Names. Additionally, Get Schooled may sweep its message boards and Postings regularly in its sole discretion. Please be advised that in no event shall Get Schooled assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on the Site, affiliated television program services or elsewhere.
 
You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct, that:
 
1. violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. involves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3. is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, vulgar, profane, obscene, or any other information that Get Schooled deems in its sole discretion to be inappropriate for this Site;
4. victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
5. harms minors in any way;
6. impersonates any person, business or entity, including Get Schooled, its sponsors, affiliates, employees and agents, or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
7. involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
8. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
9. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10. instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
11. otherwise interferes with the use or enjoyment of this Site by others;
12. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
13. is intended to promote and/or generate revenue for any third party business activity; or
14. violates these Terms of Use or any guidelines or policies posted on this Site.
 
Get Schooled discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will bounce back to the user. For purposes of clarity, “masked” vulgarity, obscenity or profanity (e.g., “f*cK”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your Posting, message or otherwise on the Site. Get Schooled reserves the right to delete any such material from the Site. Get Schooled will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use.
 
You may not use this Site in any manner that could damage, disable, overburden, or impair our servers or networks. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
 
Although Get Schooled regularly monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, Get Schooled will make every effort to ensure that the message boards best serve the interests of all users and, therefore, reserves the right to refuse to post, edit, or delete messages that contain any of the above referenced elements, as well as revoke the privileges of users who do not comply with such rules.
 
INDEMNIFICATION
You agree to defend, indemnify and hold Get Schooled and its sponsors, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site or Get Schooled's services, (b) any Posting or User Name you post, store or otherwise transmit on or through the Site, (c) your violation of these Terms of Service or any terms incorporated by reference, (d) your violation of any rights of another or (e) your conduct in connection with the Site.
 
DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GET SCHOOLED, THE SITE AND MATERIALS, AND ALL SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  GET SCHOOLED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENTS AS TO THE INFORMATION, CONTENT AND MATERIALS ON THE SITE.  GET SCHOOLED DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  WHILE GET SCHOOLED ATTEMPTS TO MAKE YOUR ACCESS AND SUE OF THE SITE SAFE, GET SCHOOLED CANNOT AND DOES NOT REPRESENT AND WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FORM ANY DOWNLOAD.  In addition, you assume all risk when using the Site, including but not limited to all risks associated with any online or offline interactions with other users.
 
LIMITATION OF LIABILITY
IN NO EVENT SHALL GET SCHOOLED, ITS AFFILIATES OR SPONSORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIAL CONTAINED THEREIN.
 
ARBITRATION 
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GET SCHOOLED AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GET SCHOOLED.
 
You and Get Schooled agree to arbitrate any dispute arising from these Terms of Use or relating to the Site, except that you and Get Schooled are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Get Schooled agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Wilmington, Delaware, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Get Schooled also agree that the state or federal courts in Wilmington, Delaware have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms of Use and the laws of the State of Delaware and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Get Schooled will not commence against the other a class action, class arbitration or other representative action or proceeding.
 
SEVERABILITY
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
 
WAKE UP AND GET SCHOOLED CALLS TERMS OF PARTICIPATION
 
Important: Please read these Terms of Participation before entering your information and agreeing to receive wake up calls from local celebrities on behalf of The Get Schooled Foundation (the “Wake Up And Get Schooled Calls”).
 
By clicking on the “I Accept” button, you agree to be bound by these Terms of Participation and the www.getschooled.com Terms of Use, which are incorporated by reference, and represent that you satisfy all of the eligibility requirements below.
 
The Wake Up And Get Schooled Calls are available only to residents of the 50 United States and District of Columbia over the age of 13 who are currently enrolled in school and who have an active mobile or wireline telephone number. If you do not meet any of these requirements, you are not eligible to receive Wake Up And Get Schooled Calls and The Get Schooled Foundation reserves the right to delete your information and not provide Wake Up And Get Schooled Calls to you.
 
By clicking “I Accept” and submitting your telephone contact information, you expressly agree to receive pre-recorded telephone calls from a celebrity on behalf of The Get schooled Foundation, a non-profit organization, which may be placed to you using an “autodialer.” Wireless service may not be available in all areas. Voice and/or data rates may apply. By clicking “I Accept,” you also consent to being placed on a mailing list for promotional and other purposes.
 
You may opt out of receiving Wake Up and Get Schooled Calls at any time by calling 1-888-615-1055 or sending an e-mail to info@getschooled.com
 
The Get Schooled Foundation, all participating celebrities and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, incomplete, or un-delivered, garbled or distorted Wake Up and Get Schooled Calls; (b) telephone, electronic, hardware, network, Internet, or other communications-related malfunctions or failures; (c) or any offer or call you may miss as a result of answering the Wake Up and Get Schooled Call. In addition to the foregoing and the Disclaimers and Limitations of Liability contained in the Terms of Use, you release the Get Schooled Foundation and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the delivery, misdelivery, answering, use of or inability to use any Wake Up and Get Schooled Call (including, without limitation, claims, costs, injuries, losses and damages related to rights of publicity or privacy, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. The Get Schooled Foundation’s privacy policy applies to its collection of information.
 
PRIVACY POLICY
Please refer to our Privacy Policy https://getschooled.com/privacy-policy for more information about how Get Schooled collects, uses and shares information about its users.

ACCOUNTS LINKED TO INSTAGRAM
Get Schooled accounts linked to personal Instagram accounts are subject to Instagram terms and conditions.http://instagram.com/about/legal/terms/

*This Get Schooled website uses the Instagram™ API and is not endorsed or certified by Instagram or Instagram, Inc. All Instagram™ logos and trademarks displayed on this Get Schooled website are property of Instagram, Inc.

 

SMS Subscriptions
By subscribing to our mobile alerts, you certify that you are over 13 years of age or have parental consent, are the account holder or have the account holder's permission, and you agree to receive ongoing SMS messages from Get Schooled. Messages will be delivered each month based on your subscription preferences (Get Schooled plans to deliver 1-4 messages per month). Service is available on select carriers. Standard message and data rates may apply. You can cancel your alert subscription at any time by texting STOP to 335577. For more information text HELP to 335577 or call 877-571-0774.