CLASSPOP!
TERMS OF USE FOR USE IN THE EU, EEA, UK AND SWITZERLAND

(Last revised on July 31, 2024)

These Terms of Use (“Terms”) are for all users in the European Union (“EU”), European Economic Area (“EEA”), United Kingdom (“UK”), and Switzerland. To review the Terms for users in other parts of the world, please see below:

US: Terms of Use
Canada: Terms of Use
Rest of the World: Terms of Use

The website located at www.classpop.com (the “Website”) is a copyrighted work belonging to Classpop, Inc. (“Classpop!”, “us”, “ our”, and “we” or “Company”). The Website provides a way for people to connect with local professional artists, florists, chefs, computer experts, and other instructors through art classes, flower workshops, cooking classes, computer programming classes, etc. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

THESE TERMS OF USE SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE. BY ACCESSING, DOWNLOADING, OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT USE THE WEBSITE AND THE SERVICES ON CLASSPOP! OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT USE THE WEBSITE FURTHER.

Your participation in, or use of, certain services or experiences made available via the Website, may be subject to additional terms (“Supplemental Terms”), and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use or participate in such service or experience. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such service or experience.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), WHICH IS CURRENTLY ONE MONTH, THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 4(h) (AUTOMATIC RENEWAL) BELOW.

Please note that these Terms are subject to change by Classpop! if (i) it is necessary for compliance with applicable laws, (ii) or solely to the benefit of the user, or (iii) is reasonable for the user. When changes are made, Classpop! will make a new copy of the Terms available at the Website, and any new Supplemental Terms will be made available from within, or through, the affected service or experience. Classpop! will require you to provide consent to the updated Terms or Supplemental Terms in a specified manner before further use of the Website and its services is permitted.

Table of Contents

1. How Classpop! Works
2. Member Accounts
3. Your Use of the Website
4. Event Fees, Product Orders, Subscriptions & Refunds
5. Gift Cards
6. Mobile Text Message Services Terms
7. Intellectual Property Ownership
8. Limited Use; Restrictions on Use
9. Acceptable Use
10. Events
11. Host Terms
12. Submitted Ideas
13. Classpop! Online Privacy Policy
14. United States Only
15. Disclaimers
16. Choice of Law and Enforcement
17. Termination
18. Ability to Accept Terms of Use
19. No Archive
20. Assignment
21. Notice
22. Miscellaneous

CLASSPOP! CODE OF CONDUCT
CLASSPOP, INC. GUEST AGREEMENT

1. HOW CLASSPOP! WORKS

Please note that Classpop! features only selected services for users resident in Europe. We may add, however, additional services to the benefit of our European users from time to time, and we will notify you about the new services on our Website.

The Classpop! Website is a social and educational scheduling platform that connects professional artists, florists, chefs, and other instructors together (each, a “Host” and collectively the “Hosts”) with users (each, a “Guest” or “Guests”) who enjoy attending and participating in such events. Hosts create online profiles that feature the Events (as defined below) along with photos and upcoming dates of these Events (the “Services”).

Hosts may choose to host their own events or to cater the private events of their Guests, such as in-person or online classes, team building activities, and in-person tours or experiences (each, an “Event”). In the event a Host chooses to host an Event, the Host will create and post a description of the Event, and the date and time of the Event. If a Guest decides they want to attend the Host’s Event, the Guest can request a reservation to attend the Host’s Event. Upon acceptance of such reservation by the Host (such reserved Event, a “Booked Event”), Classpop! will make available to the Guest, the necessary information for attendance of the Event. For charges due, please see Section 4 below.

Hosts may host Events at local restaurants, bars, a Host’s private location, studio, or other venues (each, a “Venue”). For each Event, the Host will create and post the details of the event, the date and time of the Event and details on the Venue. If a Guest decides they want to attend the Host’s Event, the Guest can request a reservation to attend the Host’s Event. Hosts are solely responsible for booking their Venues and the Venues acceptance of Guests.

In the event a Host chooses to host a private Event at a location designated by a Guest (a “Private Event”), the Guest will provide the Host certain information about the desired Private Event, such as the date of the proposed Private Event, number of people who will attend, and any dietary restrictions. If a Host decides that they are willing to host the proposed Private Event, the Host will designate a fee for such Private Event. Upon acceptance of the proposed terms of the Private Event, including the applicable fees, by the Guest the Private Event will be deemed a Booked Event. For charges due, please see Section 4 below.

Important notice:

The Website acts as a platform to allow Hosts and Guests to connect and arrange Events at Venues. You acknowledge and agree that Classpop! is not a party to any arrangement between the Host, the Venue and Guest(s), and Classpop! does not manage any Events listed on the Website. All Hosts are independent and no agents or employees of Classpop! and Classpop! only acts as a broker. As a result, any part of an actual or potential transaction between a Host, Venue and Guest, including the quality of the Event, safety and condition of the Venue provided, and the truth or accuracy of any Event listings (including the content thereof or any ratings and reviews) are solely the responsibility of each user, Guest or Host. Although Classpop! selects Hosts carefully, Classpop! has no means to supervise and control the Hosts. Classpop! has also no means to control the Guests.

You further understand that Classpop! does not itself offer culinary, artistry, floral or other professional services, and has no responsibility or liability for the acts or omissions of any Host or Guest. Classpop! is not the retailer (unless otherwise noted) of any products offered by a Host on the Website, nor is Classpop! in the delivery business or a common carrier. Classpop! will not assess or guarantee the suitability, legality or ability of any Host or Guest. For that reason, Classpop! is not responsible for any Host’s food preparation or the safety of the food, and does not verify any Host’s compliance with applicable laws or regulations, and you acknowledge that Classpop! has no responsibility or liability for acts or omissions by any Host or Guest unless Classpop! negligently or willfully caused these acts or omissions. Where a Host is subject to local regulations (such as certificates and permissions to work as a Host), compliance with such regulations is the Host’s sole responsibility. Classpop! has no means to check and warrant a Host’s compliance with such regulations and local laws.

2. MEMBER ACCOUNTS

In order to use certain features of the Website, you will have to create an account with Classpop! (“Member Account”) and provide certain information about yourself as prompted by the Website. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. In particular, you must state your true name and address and not a synonym because the Services rely on your correct name and address. You may delete your Member Account at any time, for any reason, by following the instructions on the Website. Alternatively, we may permit you to login to our Website with your login credentials from a third party service such as Facebook or Google (a “Third Party Account”). If you log in or otherwise associate your Member Account with your login credentials from a Third Party Account, we may receive information about you from the provider of the Third Party Account (“Third Party Provider”), in accordance with the terms and conditions (e.g. terms of use and privacy policy) of such provider (“Third Party Terms”). If you connect to your Third Party Account, remember that Classpop! is not responsible for the contents or transmission of your Third Party Provider or for the Third Party Terms or privacy practices of the Third Party Provider. For more information on how your personal information is shared between the Website and any Third Party Providers, please read our Privacy Policy. You may never use another’s Member Account without permission. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3. YOUR USE OF THE WEBSITE

Subject to these Terms, you are granted a limited license to (a) use the Website and the functionality provided by the Website to upload, store, display, aggregate, organize, and share your photographs, artworks, illustrations, descriptions, reviews, ratings, comments and other material (“Content”), including, without limitation, your recipes, techniques, instructions, methods, and ingredients lists (“Recipes”), (b) to copy, display, and use the functionality, materials, features, and services provided by the Website (collectively the “ Materials” and as further defined in Section 7) solely for your personal, non-commercial use, and (c) share, copy and display any Content, Recipes appearing on the Classpop! Website, provided your use is for your personal, non-commercial use, and you attribute the work to Classpop! and any other applicable author(s). You must make sure, and you are responsible for that all the Content you upload to the Website or make available via the Website is free of third-party rights. The design and layout of the Website are specifically excluded from the Materials.

4. EVENT FEES, PRODUCT ORDERS, SUBSCRIPTIONS & REFUNDS

No contract will exist between you and Classpop! for Services on Classpop! until Classpop! accepts your order by a confirmation email, SMS/MMS message, or other appropriate means of communication.

Classpop! has retained one or several payment processor providers who have a license to act as payment processor providers in all countries Classpop! is currently active. If we speak about payments to and from Classpop! In these Terms, the relevant third party payment processor provider is the responsible party for the payment transfers

(a) Guest Payments. Each Guest will pay the fees for each Event (the “Contribution”) in advance. By reserving admission to an Event, you agree to that your payment card or other payment means may be charged for the full amount of the Contribution prior to the Event.

(b) Host Compensation. If you are a Host, following the Event or receipt of payment in connection with a prepared meal, Classpop! will remit the total amount of the Contributions it has collected from each Guest for that Event and/or amounts received by Classpop! in connection with a prepared meal, less Classpop’s Host Service Fee (as described in your Member Account profile page) and Rental Fees (as described in Section 4(f) below), if any.

(c) Payment Information. You agree to pay all fees or charges to your Member Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us), Apple Pay or PayPal account of a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, Apple Pay or PayPal account, and you must refer to that agreement, not these Terms, to determine your rights and liabilities. By providing Company with your credit card, Apple Pay or PayPal account and associated payment information, you agree that Company is authorized to immediately invoice your Member Account for all fees and charges due and payable to Company hereunder and that no additional consent is required. You agree to immediately notify Company of any change in your billing address or the credit card, Apple Pay or PayPal account used for payment hereunder. Company reserves the right at any time to change its prices for Events and other Services you did not subscribe to either immediately upon posting on our Website or by e-mail delivery to you. Verification of information applicable to payments made by Guests may be required prior to your attendance of any Event.

(e) Classpop! Host Service Fees. Joining the Website, creating a user profile and creating and searching for Events is free. If you are a Host, Classpop! does, however, charge a Host Service Fee (as described in Section 4(b)) for any payments made for a Service, which is listed on your profile page and available via your Member Account. Classpop! may choose to temporarily change the fees or offer discounts for promotional events or new services (“Classpop! Discounts”), which may be subject to additional terms and conditions (“Additional Terms”). If there is any conflict between these Terms and Additional Terms, the Additional Terms take precedence in relation to that Classpop! Discount. Before you participate in any Classpop! Discount, you should always read the Additional Terms.

(f) Event Location and Rental Fees. Host’s may book Event locations through Classpop! in the event you, as a Host, cannot find a suitable location. In the event, you, as a Host, book an Event location and/or supplies (e.g., chairs, tables, etc.) through Classpop!, Classpop! will deduct the costs incurred by Classpop! in reserving the location and supplies, plus Classpop!’s Service Fee (“Rental Fees”) from the Contributions paid by the Guests of such Event. In the event the Rental Fees are in excess of the Contributions, you, as the Host, agree to reimburse Classpop! for all Rental Fees in excess of the Contributions.

(g) Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Member Account and select your monthly or annual (as applicable) package (each, a “Service Commencement Date”).

(h) Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period of currently one month (that begins after the expiry of your free trial period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period. You agree that your Member Account will be subject to this automatic renewal feature unless you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Classpop! that your subscription will be automatically renewed, you will have thirty (30) days from the date of the Classpop! notice) by logging into your Classpop! account and going to the “Classpop! Select” section of your “My Profile” page. If you do not wish your Member Account to renew automatically, or if you want to change or terminate your subscription, please contact Classpop! at 1-800-369-0157 or service@classpop.com or log into your Classpop! account and go to the “Classpop! Select” section of your “My Profile” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. By subscribing, you authorize Classpop! to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Classpop! does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Member Account upon demand and/or (b) you agree that Classpop! may either terminate or suspend your subscription in compliance with the applicable law and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, we will lift your suspension of the subscription (if any) and your Member Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

(i) Products and Merchandise. Classpop! may offer products and merchandise for sale via the Website, such as cookware, barware, cooking kits, oils, spices and edible products. Your receipt of an electronic or other form of order confirmation does not signify Classpop!’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Classpop! reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Classpop! upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order. Classpop! reserves the right, but is not obligated to, limit the sales of products or Services to any person, geographic region or jurisdiction. Classpop! may also limit the quantities of products offered.

(j) Event Refunds. Classpop!’s third party payment processor will hold all pre-paid amounts in escrow up until twenty four hours after the scheduled end-time for such Event, at which time the pre-paid amount will be paid out to the Host in accordance with this Section 4.

(k) Complaints. In the event you, as a Guest, are dissatisfied with any Event that you actually attend, you should submit a complaint within 24 hours of the scheduled end-time of the applicable Event to Classpop!’s customer service department by emailing Classpop! at service@classpop.com . Please include in your email your name, contact information, the date and time of the Event you attended, and a description of your complaint so that Classpop! may withhold payment of the pre-paid amounts to the Host. Classpop! is not obligated to but may withhold Host fees in the case of your timely complaint. Classpop! reserves the right to issue refunds. Classpop! does not guarantee or warrant that you will be entitled to any particular refund. Notwithstanding, in the event any Booked Event is canceled prior to the scheduled date and time, you may be refunded all amounts prepaid by you in connection with Classpop!’s refund policy at FAQ.

YOU ACKNOWLEDGE AND AGREE THAT DISSATISFACTION WITH THE OVERALL ENJOYMENT OF ANY EVENT IS NOT, BY ITSELF, SUFFICIENT GROUNDS TO RECEIVE A REFUND.

(l) Classpop! may charge transportation costs for Products and Merchandise as indicated on the respective webpage.

(m) Product Descriptions. Descriptions, images, references, features, content, specifications, products, price and availability of any products and services are subject to change without notice, and our current prices can be found on the Website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee or warrant that your computer will accurately display such colors. The inclusion of any products or services on any Website at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and purchase of any item purchased through the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product.

(n) Perishable Products. Certain products sold via the Website may be perishable and subject to spoilage. The inclusion of ice packs may help with the protection of the products, but ultimately does not guarantee that your perishable products will arrive unspoiled. Upon arrival, you should promptly check your perishable products to insure that they have arrived safely. Classpop! does not accept responsibility for any spoilage caused by your failure to promptly refrigerate any products upon arrival.

(o) Alcoholic Products. Alcoholic products sold via the Website may be fulfilled by licensed third party partners of Classpop!. In the United States, an adult at least 21 years old must be present to receive and sign for packages containing alcoholic beverages. By ordering any alcoholic products via the Website, you represent and warrant that you are at least 18 years old.

(p) Taxes. Prices for Events will include any applicable Sales Tax and Value Added Tax.

(s) Non-Circumvention. In order for Classpop! to keep bringing you the Services, it is imperative that our users understand and agree that we depend on our users complying with the spirit of these Terms. In particular, we require that all of our Guests and Hosts make any payments due between them through our platform. As such, you acknowledge and agree that you will pay all fees due or owed to any Host in connection with any Event booked or otherwise arranged through our platform via our Website and that you will not pay any other user any fees associated with any such Event directly, or otherwise circumvent the payment process hereunder.

5. GIFT CARDS

These Classpop! Gift Card Terms and Conditions ("GC Terms and Conditions") are in addition to the Terms and Privacy Policy applicable to the Website. These GC Terms and Conditions form a binding agreement between Classpop! and you as the purchaser or user of gift cards (“Gift Cards”) from the Website. If you do not agree to these GC Terms and Conditions, you should not purchase Gift Cards through the Website.

(d) Fraud. Classpop! shall have the right to close member accounts or any related account(s) if Classpop! suspects a Gift Card is being used in a fraudulent manner to make purchases on the Website. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Website or any of its affiliated websites set forth above Classpop! shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. Classpop! may also cancel or remove any and all Classpop! Credits on the member accounts and/or any related account(s). Classpop! has a zero-tolerance Fraud policy, and it is the responsibility of the account holder to secure their account and Gift Card.

(e) Issuer. Gift Cards are issued by Classpop, Inc.

(f) Amendments. Classpop! reserves the right to change or modify these GC Terms and Conditions (“Modified Terms”) from time to time in its sole discretion. Such Modified Terms shall be posted on the Website and shall be binding on all purchases of Gift Cards that occur after the Modified Terms take effect. All terms and conditions contained in these GC Terms and Conditions are applicable to the extent permitted by law.

6. MOBILE TEXT MESSAGE SERVICES TERMS

The following terms in this Section 6 apply to everyone who: (1) signs up to receive one or more SMS or MMS message and/or messages from Classpop!, or (2) sends us messages via SMS or MMS.

When you sign up for Classpop!’s text alert program you are expressly consenting to receive text messages on behalf of Classpop!. Text message communications from Classpop! may include, but are not limited to: (i) information about Events you have created on the Website or have requested a reservation to attend; (ii) operational communications concerning your Member Account or the use of the Services; (iii) updates concerning new and existing features on the Services; (iv) communications concerning promotions run by us or our third-party partners; and (v) news concerning Classpop! developments (the “ Text Services ”). You agree that such texts may be generated by automatic telephone dialing systems.

You may opt out of the Text Services at any time by texting the word STOP to +1 (415) 909-4261 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from Classpop! regarding the Events you host and/or plan to attend. If you need help with our Text Services, text the word HELP to +1 (415) 909-4261 or call +1 800-369-0157.

We do not charge a fee for the Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Text Services. Before signing up for our messages service you should ask your mobile carrier about their charges for SMS and MMS from and to the US.

The Text Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.

You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

7. INTELLECTUAL PROPERTY OWNERSHIP

(a) Except for your Content, all text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by Classpop! and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Classpop! and you, all right, title and interest in and to the Materials will at all times remain with Classpop! and/or its Owners. The word “Classpop!,” the Classpop! logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Classpop!. All Content is the sole responsibility of the user who provided it and is stored upon Classpop!’s servers and/or system solely at the direction of such user. Please see the Digital Millennium Copyright Act for more details. Classpop! reserves all other rights. Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Classpop!’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Classpop! may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

(b) You retain ownership of your Content, and, to the extent the Content cannot be freely used by everybody including Classpop!, you hereby grant (1) Classpop! and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Website (including without limitation for purposes of promoting the Website), and (2) users of the Website a limited, revocable, non-exclusive, royalty-free, fully paid-up right to reproduce, distribute and publicly display your Content, provided such users give attribution and use your Content solely for their personal, non-commercial purposes. For the avoidance of doubt, you agree that your sole compensation with regards to Classpop!’s use of your Content, including for its own promotional purposes, is your use of the Site in accordance with these Terms, and that you shall not be entitled to any other form of compensation in relation thereto. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by Classpop! and others for any purposes. You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you have the right, and where required, the written consent, release, and permission of each and every identifiable person included in your Content to use the name or likeness of such persons and to authorize Classpop! to store, copy, display or otherwise distribute such person(s) name and likeness in connection with the Website.

(c) By using the Website, you hereby grant Classpop! and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual right and license to use your name, image, and likeness (your “Image ”), solely in connection with the Website (including, without limitation, for the purposes of promoting the Website), provided, however, Classpop! shall not use your Image in any manner which implies (directly or indirectly) endorsement, sponsorship, approval or recommendation by you of the Website or Classpop!

(d) If you upload or post any Recipes to the Services, including any Recipes that you have previously uploaded or posted, you hereby grant to Classpop! a worldwide non-exclusive, transferable, sublicensable, royalty-free, fully paid up, irrevocable, and perpetual license to reproduce, distribute, publicly perform, publicly display, create derivative works of and otherwise use such Recipes in connection with the Website.

8. LIMITED USE; RESTRICTIONS ON USE

No other use of the Website or Materials is authorized. Framing of the Website or Materials or posting Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in the Terms of Use, is strictly prohibited. You shall not, without Classpop!’s express written consent, (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any trade name, trademark, or brand name of Classpop! in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, and (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Classpop!, the Owner, or any third party referenced therein. You shall use the Materials and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed, and Classpop!’s posting of the Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends, or any other notice included in the Materials.

9. ACCEPTABLE USE

Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):

(a) You shall not upload to, transmit through, or display via the Website any Content that: (i) that promotes drinking and driving or irresponsible consumption of alcohol, disparages competitive products, is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate the law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) makes any statement, express or implied, that you are endorsed by Classpop!; (vi) contains any unsolicited promotions, political campaigning, advertising or solicitations; (vii) discloses the private information of any third party, including, without limitation, addresses, phone numbers, email addresses, health information, Social Security, identity card numbers and credit/debit card numbers; or (viii) or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the Classpop!, any of its officers, directors, or employees, or other users to any harm or liability of any type.

(b) You shall not use the Website to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user's account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.

(c) You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at https://www.classpop.com or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. Classpop! does not endorse any user submission or any opinion, recommendation, or advice expressed therein. Classpop! does not permit copyright infringing activities and infringement of intellectual property rights on the Website.

(d) Classpop! reserves the right to remove Content without prior notice that violates these Terms or Classpop!’s Code of Conduct (the “Code of Conduct”) available on this page. You may, however, appeal Classpop!’s decision by notifying Classpop! via legal@classpop.com. Classpop! reserves the right to terminate a User’s access to the Website if the Content materially and severely or repeatedly violates the law or our Terms or the Code of Conduct.

(e) The Website allows users to post reviews, ratings and comments about Events, Hosts and Guests (collectively, “Reviews”). Classpop! shall have the right, but not the obligation to monitor or review any Reviews at any time for any readily apparent violation of these Terms, including for the purpose of identifying and rejecting Reviews which violate Section 9(a). Notwithstanding the foregoing, you acknowledge that Classpop! is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. The Website enables you to publish, store, reproduce and perform Reviews and you are solely responsible for any content, opinion, statement, recommendation or advice contained therein. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are responsible and liable for their content. Classpop! reserves the right to refuse to post or remove any material submitted or posted in any Review.

(f) For safety, all written communications must be conducted via the Website.

10. EVENTS

(a) By using the Website or attending any Event, you agree to, and at all times during the Event, will comply with the Classpop!’s Code of Conduct, available below. In the event you invite or otherwise bring any guests or other parties with you to any Event (“Your Guests”), you agree that you will notify, and make Your Guests aware of the Code of Conduct and its terms and conditions. You acknowledge and agree that you will be responsible for and will ensure that Your Guests, at all times, during any Event, comply with the Code of Conduct. You further acknowledge and agree that you, not the Classpop!, will be fully responsible and liable for all acts and omissions of Your Guests during any Event. As such you agree to pay Classpop! , its affiliates, and its and their officers, directors, employees, and agents (the “ Released Parties”) any damages that you may have negligently or intentionally caused, including claims, loss, suit, judgment, or proceeding (“Claim”) made by any third party due to or arising out of your and/or Your Guests’ (i) negligent breach or violation of any covenant, obligation or terms and conditions in these Terms or the Code of Conduct, (ii) negligence or misconduct, and/or (iii) violation of any applicable law while in attendance of any Event.

(b) From time to time, Classpop!’s own employees or contractors may attend the Events. If a Classpop! representative has enjoyed their experience while in attendance of a Host’s Event, Classpop! may display the “Classpop! Verified” name and logo next to the Host’s name on their profile page (a “Classpop! Verified Host”). Verification simply denotes an overall positive experience by a Classpop! employee while in attendance of one of such Host’s Events. Verification of any Host in the manner contemplated herein is in Classpop!’s sole discretion. You acknowledge and agree that Classpop! Verified Hosts are individuals, and that Classpop! has no control, or duty to control or monitor, any Classpop! Verified Host or any of their Events. You acknowledge that your experience at any Classpop! Verified Host’s Event may be different from the experience of Classpop!. Further, Classpop! does not endorse any Classpop! Verified Host, nor does Classpop! make any representation, warranty, covenant, or other claim regarding such Host, their Events, or the health and safety of the meals they prepare or the venue they provide.

(c) Certain Events, such as wine tastings, may be limited to attendees of 18 years of age or older. Please note that any users that attempt to attend such Events may be denied access and/or participation for breach of age limitations. In no event will any user be entitled to any refunds hereunder for failure to comply with any such age limitations.

11. HOST TERMS

If you are a Host, the following terms of this Section apply to you:

(a) Hosts are solely responsible for all of their own tools, equipment, training, automobiles, kitchens, Event sites, licensing and other materials or requirements needed, desired or related to hosting, providing, preparing or conducting Events, and you acknowledge that Classpop! will not reimburse you for any such expenses. Classpop! is not, and shall not be, responsible for any liability arising out of any Events or other activities conducted by you in connection with this Website. You are not permitted to represent to any Guests or other users of the Website that you are an employee, contractor or agent of Classpop!

(b) As an independent business, you, as a Host, maintain complete control over your level of participation in the Website, including: (a) deciding when to log into the Website and be available to host or create Events; (b) deciding when to accept, reject or ignore offers related to hosting Events; (c) selecting your attire – no uniforms or other specific clothes are required; (d) determining the time and location of your Events; (e) you are not restricted from using competitive services or technology platforms; (f) you are permitted to maintain your independent business and other clients without using the Website; (g) you retain the right to hire employees or subcontractors in hosting Events; (h) your opportunity for profit or loss is dependent on your own managerial skills; (i) you are responsible for resolving any disputes with Guests and other users of the Website; (j) you solely control the amount you wish to invest in hosting Events in connection with the Website; and (k) you exclusively control your hosting of Events. You are solely responsible for procuring your own insurance, and you agree that you will not seek reimbursement or any claims against Classpop!’s insurance. It is also your sole responsibility that you are in possession of all relevant licenses that local law may require from you for conducting Events.

(c) If you serve alcoholic beverages at any Event, you are solely responsible for procuring all licenses and insurance required by applicable laws, rules, regulations and ordinances, and will be solely responsible for all liabilities arising from any failure(s) to do so.

(d) If you negligently or intentionally breach this paragraph and this breach causes damages to Classpop!, Classpop! may claim these damages from you.

(e) Neither these Terms nor your performance under these Terms shall create an association, partnership, joint venture or relationship of principal and agent, master and servant, or employer or employee, between Classpop! and you, or between Classpop! and your employees and agents. You and Classpop! each agree that you and your employees and agents will not receive any Classpop!-sponsored benefits from Classpop! where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and social security and retirement participation. You acknowledge that it is your sole responsibility for complying with all federal, state and local tax filing and payment obligations that pertain to any remuneration received from Guests and other end users of the Website, or as processed by Classpop! in connection with these Terms, including your sole responsibility for all tax withholding, Social Security, , unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions and other obligations or benefits. You acknowledge that Classpop! is not rendering legal, tax or investment advice, nor is Classpop! a fiduciary of yours. Accordingly, you acknowledge that you may seek advice from an appropriate professional to comply with any and all applicable federal, state and local laws or ordinances.

12. SUBMITTED IDEAS

While Classpop! appreciates your interest in Classpop! and the Website, Classpop! does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary. Further, you understand and acknowledge that Classpop! employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Classpop! is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Classpop! assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. You hereby grant Classpop! the non-exclusive, worldwide, unlimited, irrevocable, royalty-free right to use the suggestion, including the right to copy, amend, develop, distribute, disseminate, make publicly available, and sublicense in connection with the Website.

13. CLASSPOP! ONLINE PRIVACY POLICY

Classpop! takes your privacy very seriously. Classpop!’s online Privacy Policy describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.

14. UNITED STATES ONLY

By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the Classpop! Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Florida with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Florida, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Florida. Any claim or dispute between you and Classpop! that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Miami, Florida, U.S.A. Each party hereby agrees that such court shall have in personal jurisdiction and venue with respect to such party, and each party hereby submits to the in personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

15. DISCLAIMERS

Classpop!’s Website acts solely as a venue to allow people who are interested in different fields from food to flowers to photography to connect and meet. Classpop! makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to host and otherwise provide, any Event. Should you have any questions related to the legality of or consents necessary to host any Event, you should consult your own legal counsel. As such, you agree that you, as a Host, are solely responsible for your Events and agree to indemnify, defend and hold harmless Classpop! from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your Events, including any violation of any applicable laws, rules, regulations and local ordinances, including without limitation, necessary permits, alcohol licenses, fire codes, and health and safety inspections, or other taxes and payments which may be applicable to your Events.

16. CHOICE OF LAW AND ENFORCEMENT.

Your access to the Website as well as the terms and conditions and the agreement they create are governed by the laws of the state of Florida (USA), but any consumer protection related binding laws of the country or jurisdiction you are situated shall apply and supersede the Floridian law if you are acting as a consumer.

17. TERMINATION

Unless you have a valid subscription, Classpop! may cancel, suspend or block your use of the Website or Service without notice for any reason, at our sole discretion, including if there has been a violation of these Terms. Classpop! reserves the right to terminate your subscription (if any) for good reason. Your right to use the Website will end once your registration is terminated, and any data you have stored on the Website, including any profile information or any information related to Events which you have hosted or attended are deleted, unless and to the extent Classpop! is required to retain it by law. You may terminate your registration at any time. Classpop! is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. Your right to request your data under Article 20 of the GDPR remains unaffected.

18. ABILITY TO ACCEPT TERMS OF USE

You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

19. NO ARCHIVE

Notwithstanding anything contained herein, the functionality provided to you by the Website and Classpop!’s systems, networks and servers are not an archive and Classpop! shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website. You shall be solely responsible for (i) uploading your Content, (ii) preventing any loss or damage to your Content, and (iii) maintaining independent archival and backup copies of any Content.

20. ASSIGNMENT

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Classpop! without restriction.

21. NOTICE

Your affirmative act of using the Website or registering for Member Account constitutes your electronic signature to these Terms and your consent to enter into agreements with Classpop! electronically. You also agree that Classpop! may send any notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “ Notices”) in electronic form to: (1) the e-mail address that you provided during registration, or (2) by posting the Notice on the Website. The delivery of any Notice from is effective when sent by Classpop!, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your Member Account. You must give notice to us in writing via email to service@classpop.com or as otherwise expressly provided.

22. MISCELLANEOUS

Classpop!’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CLASSPOP! CODE OF CONDUCT

(Last revised on July 31, 2024)

These Code of Conduct terms are for all users in the European Economic Area (“EEA”), United Kingdom (“UK”), and Switzerland.

Membership in www.classpop.com (the “Website”) is a privilege that is contingent upon your continued observance of our Code of Conduct. This Code of Conduct is applicable to all users of our Website and platform, including Hosts, Guests, and Users. Capitalized terms used but not defined herein shall have the meaning given to them in the Terms of Use.

To maintain a respectful and safe environment for all users of the Classpop! website and for every person attending any Events facilitated by the Classpop! platform, all users must not engage in the following acts, all of which are a breach of the Classpop! Conduct of Conduct:

HOST: SERVICE STANDARDS

CLASSPOP, INC. GUEST AGREEMENT

(Last revised on July 31, 2024)

Please note that when attending any Event hosted by a Host, you may be photographed during such Event, and that your name, image, likeness and statements may be posted at the Website for promotional purposes. Although the Host should obtain your explicit consent, we cannot control that you actually consented. Classpop! may also approach you for obtaining consent. If you have reason to complain, please contact us at service@classpop.com.

You understand and agree that the photographer will be the copyright owner of such photograph(s) but that the photographer has granted Classpop! the exclusive right to use and edit the photographs(s) as necessary and appropriate for the Website.

You understand and agree that you will not receive any compensation as a result of, and will have no approval rights regarding, any use of the photographs(s) by Classpop! or any parties authorized by Classpop! You further understand and agree that the Classpop! will not have any obligation to include you in, or make any use of, any photograph.

You also acknowledge and agree that you are responsible for your own actions and those of your Guests while attending this Event and that you and your Guest(s) will conduct yourselves in accordance with Classpop!’s Code of Conduct set forth above.