owns and operates the www.Gradestar.com
By using the App or the Site, you agree to be bound by these ToU. If you do not agree to be so bound, you are not authorized to use the App or the Site. These TOU are a legal contract between you and Gradestar and govern your access to and use of the Site together with any services offered through the Site/App.
The Site and App are intended for people 13 years of age or older. By accessing the Site, you represent that you are 13 years of age or older. Users under the age of 13 can only use the Site/App as a sub-account on a Parent accounted created by the legal guardian of that student and with the expressed authorization of the parent.
The GradeStar Site
You can use the Site and App to earn Gradestar Currency, which can then be exchanged for coupons and other offers from our participating vendors. You will be required to review and agree to the terms of each individual offer you select. GradeStar is not responsible for any errors by the participating vendors related to offers they upload to the Site or App. In the case of an Error the Gradestar Support team will make an effort to rectify any problem on behalf of the Vendor, however no guarantees are made by Gradestar and Gradestar will hold no liability where the error (made by the vendor or student) cannot be fixed.
You agree that you will only use the Site and App for personal use, and not for any other commercial venture. Commercial Ventures, Vendors, Businesses and Other groups who wish to use the Gradestar App to offer goods and services will be bound by a separate ToU as well as all the terms set forth in this user agreement.
In using the Site, you may interact with other Site users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these ToU. Gradestar is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site or App. All users are expected to also act in accordance with any of the rules and terms set forth by the school body the student is a member of. Using the application in a manner that results in cheating or plagiarizing will result in either a first and only warning, or immediate termination of the account and a filed report with the school body as well depending on the nature of the infraction judged at the sole discrepancy of Gradestar.
Changes to ToU
Gradestar reserves the right to modify these ToU at any time without prior notice. Should Gradestar makes changes to the ToU all users will be notified and need to agree to the updated ToU before being able to continu using the App/Site. Users should visit the Site or App from time to time to review the current ToU. By using the Site and App subsequent to any modification of these ToU, you agree to be bound by such modification(s). Gradestar will highlight any change to these TOU for 30 days after such change(s) is/are made.
Gradestar does not represent that any of the Site or App content is completely accurate, and therefore any reliance on the Site or App is done at your own risk.
Intellectual and Other Property
Other than the exceptions referenced in these ToU or noted elsewhere, all other content on the Site and App is the property of Gradestar including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred hereafter as “Gradestar Content").
Certain elements of Site and App, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Any Gradestar Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each Site page solely for personal, non‑commercial use. No right, title, or interest in any Gradestar Content is transferred to you as a result of your accessing, downloading, or printing such content from the Site or App.
You acknowledge that you have no right, title, or interest in or to the Site and/or Gradestar Content.
Gradestar is a mark of Gradestar LLC. Other marks, names, and logos on the Site are the property of their respective owners.
There may be other content located on the Site and App not owned by Gradestar, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Gradestar.
Copyright Infringement Notification
If you believe that any content on the Site and/or App infringes your copyright and you want the content removed from the Site and/or App, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Gradestar's designated agent for notice of claims of copyright infringement:
- (i). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Gradestar to locate the material.
- (iv). Information reasonably sufficient to permit Gradestar to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- (v). A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (vi). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Gradestar Designated Agent is:
Gradestar reserves the right to terminate any Site or App accounts connected to intentional or repeat non intentional copyright infringement offenders.
If you believe that any content on the Site or App violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to EMAIL: email@example.com
detailing your allegation. Gradestar's purpose is to enhance the life and education of students and parents and thus takes infringement of intellectual property rights seriously and will investigate the matter.
To earn and redeem Gradestars (virtual currency) Cash or to login into your account, and to redeem and prize/goods/ service, as well as for other uses of the Site and App, you will be asked to set up a user account that will be password protected. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Gradestar if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your Site account. You may only set up one Site/App account per student over 13 years of age, and up to 10 additional sub accounts for students under the age of 13 as a part of that students parent or guardian's account. Parents are responsible for any content on sub accounts, and must provide students ONLY the pin passcode that allows access to such sub accounts. All accounts created must be done in your actual name, creating an account that represents someone other than you is grounds for termination of the account, and potential ban from creating further accounts. You agree to immediately notify Gradestar via email to firstname.lastname@example.org
of any unauthorized use of your Site or App account or any other breach of security in relation to the Site or App known to you. If Gradestar suspends or terminates your account under these ToU, you acknowledge that all information and content associated with such account will no longer be available to you.
There are two ways to establish a Site/App account. First, you can simply create your own, unique username and password. Second is to create a sub account by logging on to a parent account, selecting add a student, and creating a private pin so that the student can login on devices where the parent account is already opened. When a sub accounted is created both accounts require typing in a pin to login into that account. Parents will also be asked to verify that they are the parent or legal guardian of the student whom the sub account is created for.
Products and Services
Gradestar does its best to provide offers from reputable vendors. Yet, Gradestar does not endorse any specific third party product or service. Any complaint, legal or otherwise, that you have regarding your experience with a vendor's products or services is solely with that vendor and not Gradestar. Gradestar provides no representations or warranties, including but not limited to, as to the quality, value, safeness, or legality, of the products or services of third parties offered through the Site and App, and you waive any and legal claims against Gradestar you may have as a result of your experience with a vendor's product or service.
Links to Third Party Sites And Other Site Interaction
The Site and App may contain links to external sites and apps not controlled and/or affiliated with Gradestar If you use these links, you will leave the Site or App. For example, there may be links on the Site or App to Gradestar social media pages. Gradestar provides these links to you only as a convenience, yet Gradestar is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites.
Gradestar may also allow interaction between the Site and App and other third party sites such as Facebook and other social media sites. This may include "Like" buttons or other interactions through third party buttons or plugins on the Site and App that when used, may allow you to share content from the Site and App with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party sites before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. It may be very different than how your user generated content and other content is shared on the Site and App. Gradestar has no control over these third party sites and you use these interaction functions at your own risk. Gradestar is in no way liable for any harm to you as a result of using one these interaction functions.
User Generated Content
The Site and App may allow you to upload your own user generated content that may include, among other things, photos, audio clips, text, videos, and graphics ("UGC").
Any UGC you upload/post to the Site or App is done on a non-proprietary and non-confidential basis and you agree that Gradestar has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Site or App or any related services offered through the Site or App. This license includes any right of publicity rights that may be present in the UGC.
Gradestar is not required to treat any UGC as confidential.
You further agree that you will not upload/post to the Site or App any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post.
You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Site or App or you have been granted the right by the owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
Gradestar reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. By accepting these ToU, you waive and hold harmless Gradestar from any claims resulting from any action taken by Gradestar during or as a result of Gradestar investigation and/or from any actions taken as a consequence of investigations by either Gradestar or law enforcement.
Please note that Gradestar does accept unsolicited content or ideas you may attempt to transmit to Gradestar directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Gradestar unsolicited content or ideas, you agree that Gradestar may use such content and ideas in any way Gradestar wishes without any compensation to you. Should you feel that you can provide Gradestar with content that is of great benefit and in doing so feel that you would be entitled to compensation, you should withhold any content or ideas and send and email to email@example.com
outlining the reason for your email, and your wish to take appropriate steps of action to protect your intellectual property such as an NDA. Gradestar is constantly innovating and making changes to our platforms and as such it is highly possible and any or content suggested to us is already something that has been discussed and explored by the user experience team and other executives. Any content provided without appropriate protection is content that Gradestar is free to use in anyway seen fit without any expectation of compensation to the individual who willingly provided the ideas/content to Gradestar.
In connection with your access and/or use of the Site or App or any Site or App services, including the uploading/posting of UGC, you agree not to:
- - Violate any federal, state, or local laws or regulations.
- - Upload/post anything that imposes an unreasonable or disproportionately large strain on Gradestar network or computer infrastructure.
- - Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site or App and/or Gradestar's computers, servers or networks, and/or any computers or systems used by other users of the Site or App.
- - Upload/post anything that could destroy, damage, or impair any portion of the Site or App or any computers, systems, hardware, or software used by Gradestar or other users.
- - Make unauthorized attempts to modify any information stored on the Site or App.
- - Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
- - Defame, abuse, harass, bully, threaten, or otherwise violate the legal rights (such as rights of intellectual property, privacy and publicity) of others.
- - Use racially, ethnically, or otherwise offensive language.
- - Discuss, incite, or promote illegal activity.
- - Solicit or post images containing nudity of any kind, even in the case what is believed to be artwork.
- - Solicit or post sexually explicit images (actual or simulated).
- - Upload/post anything that depicts cruelty to animals.
- - Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
- - Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site or App.
- - Use the Site or App to send spam or unsolicited bulk email.
- - Provide false or misleading information when signing up for a Gradestar account or otherwise uploading/posting any false or misleading information or content through the Site or App.
The previous list of prohibitions is not exclusive. Gradestar reserves thight to terminate your access to the Site or App or any Site or App services for any reason. Gradestar reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that Gradestar determines is inappropriate or disruptive to the Site or App or to any other user of the Site or App.
Gradestar is under no duty to, and does not represent it will, monitor and/or remove any UGC.
By accepting these ToU, you waive and hold harmless Gradestar from any claims resulting from any action taken by Gradestar during or as a result of Gradestar investigation and/or from any actions taken as a consequence of investigations by either Gradestar or law enforcement related to your use of the Site or App.
Disclaimer of Warranties
YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.
GRADESTAR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE OR APP. GRADESTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE OR APP, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. GRADESTAR DOES NOT WARRANT THAT THE SITE OR APP FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. GRADESTAR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE. GRADESTAR DOES NOT WARRANT THAT THE SITE, APP AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE, APP AND RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE AND APP, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE, APP OR ANY SITE GOODS OR SERVICES. GRADESTAR MAKES NO WARRANTIES THAT YOUR USE OF THE SITE AND APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability
IN NO EVENT WILL GRADESTAR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GRADESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE, APP OR ANY SITE OR APP GOODS OR SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE OR APP; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE OR APP; (4) ANY ACTIONS OR INACTIONS BY THE PARTICIPATING VENDORS; (5) YOUR EXPERIENCE WITH VENDOR PRODUCT AND SERVICES; AND/OR (6) ANY OTHER MATTER RELATING TO THE SITE OR APP OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE OR APP.
In no event will the collective liability of Gradestar or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you paid to Gradestar for the applicable good or service out of which the liability arose.
IF YOU ARE DISSATISFIED WITH THESE ToU, THE SITE, THE APP, OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE OR APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND APP.
GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO GREATEST EXTENT ALLOWED UNDER THE LAW.
You agree to indemnify, defend and hold harmless Gradestar, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners ("Indemnified Parties"), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Gradestar or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site or App and/or any Site or App goods or services, your breach of these ToU, the use of the Site or App by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
Gradestar operates the Site and App from its headquarters in the United States, and the Site and App and ToU are intended currently only for users within the United States. If you use the Site or App outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site or App violates any of those local laws.
Any and all disputes relating to these ToU, the Site, the App and/or any goods or services offered on or through the Site or App, are governed by, and will be interpreted in accordance with, the laws of the State of Delaware, in which Gradestar LLC was legally founded, without regard to any conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the the State of Delaware (USA) for any litigation arising out of or relating to the use of the Site or App, waive any objection to the venue of any such litigation in the State of Delaware courts, and agree not to plead or claim in any State of Delaware court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these ToU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these ToU, all of which will remain in full force and effect.
These ToU constitute the entire agreement of the parties with respect to the Site/App and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Gradestar, with respect to the Site and App.
If you violate any portion of these ToU, Gradestar reserves the right, without an obligation to do so, to deny you access to the Site or App and/or remove any UGC you may have posted/uploaded on the Site or App. If Gradestar terminates your access to the Site or App, Gradestar may also delete your account. Gradestar has the right to terminate any password-restricted account for any reason.
Gradestar's failure to enforce any portion of these ToU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.
Gradestar reserves the right, without notice and reason, to take down or terminate the Site and/or App. You agree that Gradestar is not liable to you or any other third party for this action.
Gradestar does not assume any liability or responsibility for your use of the Internet or the Site or App including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.
You are free to text link to the Site or APP so long as there is nothing deceptive or infringing about the link. Gradestar may revoke this linking permission at any time and for any reason.
Certain software elements of the Site or App and related services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact Gradestar for any reason not already specified in these TOU, please use the following contact information: