TypingClub Terms of Service

Last Updated: July 31st, 2015

TypingClub.com is a product offered by EdClub, Inc., doing business as TypingClub ("TypingClub", "we", or "us"). TypingClub offers both a limited service ("Individual Edition") and a licensed service made available through your school ("School Edition" and collectively with Individual Edition, "Services"). The School Editions are available as a free, ad-supported version ("School Edition Basic") and a fee-based version without ads ("School Edition Pro").

The following terms of service ("Terms") apply to all of our Services. By accessing our website and using our Services you acknowledge that you have read and understand these Terms, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please discontinue use of the Services.TypingClub may revise these Terms from time to time at our sole discretion. We will provide notice to you if we determine, in our sole discretion, that any revision that we make to these Terms is material to you. By continuing to use the Services or access the TypingClub website, you agree to be bound by the revised Terms.

Grant of License

Subject to the terms provided herein, TypingClub grants you a non-exclusive, non-transferable license to use the Services. TypingClub reserves the right to update or modify the Services at any time, from time to time in its sole discretion, including without limitation to increase or change the functionality of the Services.

Privacy

Any information that you provide to TypingClub is subject to our Privacy Policy, which governs our collection and use of your information.

Registration

To the extent that we require you to register to access the Services, you agree to provide us with accurate and complete registration information and to register using your real name. Except when a school official registers students for use of one of the School Editions, each registration shall be for your personal use only and not on behalf of any other person or entity. You shall not permit any other person to use your registration to access the Services, and you are responsible for all use of the Services under your registration information.

Use of the Services by Children

Our Individual Edition is not directed to users under 13 ("Children" or "Child") and you must be 13 years of age or older to register an account to use the Individual Edition. If you become aware that your Child has provided us with personal information without your consent, please contact us at support@typingclub.com. If we become aware that a Child has provided us with personal information through the Individual Edition without the parents' consent or consent of a legal guardian, we will take steps to delete such information and terminate the Child's account.
Children may use our School Editions provided that a school official consents to such use on the parent's behalf in a manner consistent with the Children's Online Privacy Protection Act. School officials may revoke at any time their consent to allow Children to use the School Edition. Furthermore, upon parents' or a legal guardian's request, we will provide a description of the personal information we collect and give parents and legal guardians the opportunity to review their Child's personal information or have such information deleted. To do so, please contact us at support@typingclub.com.

Special Terms for School Officials

This Section is applicable only to users who are school officials, including teachers, who are accessing School Edition Basic and School Edition Pro in connection with the use of the School Editions by students at the school official's school or institution. You hereby acknowledge that you may have access to additional content and portions of the TypingClub website that may not be otherwise accessible to student users and that may include information about individual student users. You agree that you will access and use such information and the School Editions only in compliance with all applicable laws and to the extent necessary to perform your services as a school official or teacher at your institution. You may not disclose such information except in connection with the foregoing, as otherwise permitted herein, or as permitted in a separate agreement between TypingClub and you or your school or institution.

Restrictions on Use or Access

The Service and all content (the "Content") on the TypingClub website is the proprietary intellectual property of TypingClub and may be subject to copyright protections. Except as expressly permitted herein, you may not, nor may you assist other parties to, (a) use, copy, modify or create derivative works of the Services or Content or any part thereof, (b) distribute or transfer the Services or Content or any part thereof or sublicense your right to use the Services or Content, (c) reverse-engineer, disassemble, or attempt to derive the source code of the Services or Content or any part thereof, or (d) attempt to disable or circumvent any security or access control mechanism related to the Services or Content. The Content contained within the TypingClub website and software may not be used for any illegal purpose or for any purpose in breach of these Terms. You may not access our networks, computers, or Content in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment of our Services. You may not attempt to gain unauthorized access to any Content, other accounts, computer systems, or networks accessed through the Services.

Cancelling Service

If you are a user of the Individual Edition, you may cancel the service by simply going to "Settings" and selecting "Delete Account" to delete your account in its entirety.

Termination

TypingClub may suspend or terminate your account and your use of the Services and Content at any time and for any reason at TypingClub's sole discretion. TypingClub may terminate these Terms as they apply to you at any time and for any reason. Upon your receipt of a notice of termination from TypingClub, you must immediately cease use of the Services. Sections 9-13 of these Terms shall survive the termination or expiration of these Terms for any reason.

Warranty Disclaimer

The Services are provided "AS-IS". TypingClub and its licensors expressly disclaim any warranties with respect to the Services and Content, including without limitation, any statutory or implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TypingClub does not warrant that the Services will meet your requirements, that the operation of the Services will be continuous or error-free, that the Services will operate as intended or at all under all conditions, that any defects in the Services will be corrected by licensor, or that our website will be virus-free. We expressly disclaim any responsibility or liability for any damages caused by viruses introduced onto your computer via our Services.

Limitation of Liability and Indemnification

In no event shall TypingClub or its licensors be liable to you or any other entity for indirect, special, incidental, punitive, or consequential damages (including, but not limited to, damages related to lost profits, loss of data, or loss of use) in connection with these Terms, the Services, and the Content, even if TypingClub has been advised of the possibility of such damages or losses. TypingClub's (and its licensors') liability in connection with these Terms, the Services, and the Content shall not exceed the amount actually paid by you to TypingClub for the use of the Services during the prior six months.
You shall defend, indemnify, and hold harmless TypingClub, its affiliates, employees, officers, directors, contractors, and agents from and against any and all claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by you with these Terms; (b) your use of the Services; and (c) any third-party allegations (whether such allegations may be false, fraudulent, or groundless) regarding (a) or (b) above.

Governing Law

These Terms and your acceptance thereof shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Maryland, U.S.A., without giving effect to its conflicts of laws provisions or principles. Any action, suit or other proceeding arising under or relating to these Terms shall be brought in a court of competition jurisdiction in Maryland and you hereby consent to the sole jurisdiction of such courts. You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and you shall not participate in any class action against TypingClub or join or consolidate any claims that you have against TypingClub with the claims of any third parties. You also agree to waive the right to litigate disputes in court before a jury.

Notices

You shall send any notices regarding disputes or other communications to TypingClub by certified or registered mail to the following address: 1701 Pennsylvania Avenue, NW, Suite 300, Washington, DC 20006. TypingClub may provide notices to you using any means reasonably calculated to provide you with actual notice, including email.

Miscellaneous

Except to the extent otherwise set forth in a written and signed agreement between you and TypingClub, these Terms and our Privacy Policy constitute the entire agreement between TypingClub and you regarding the Services. These Terms supersede any prior contract or statements regarding your use of the Services. Notwithstanding the foregoing, if you have confidentiality obligations related to the Services, those obligations shall remain in effect. (For example, you may have confidentiality obligations as a beta tester of the Services.) If any part of these Terms is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted to give the maximum permissible effect, and the remainder of these Terms shall remain in effect. We may freely assign this agreement at our discretion. You may not assign these Terms to any third party.
Please direct all inquiries to our office at 1701 Pennsylvania Ave. NW, Suite 300, Washington, DC 20006.