Thursday, Jan 18, 2018
These terms and conditions (the "Terms and Conditions") apply to the website (the “Site”) and the mobile application (the “App”), owned and operated by NOTEZAPP Ltd., a Bulgarian limited liability company (herein referred to as "NotezApp," “We,” “Our” or “Us”).
By accessing, browsing, downloading, installing or using the Site, the App or the Services offered therein you agree to be bound by the Terms and Conditions. We update our Terms and Conditions periodically and your access to and use of the Site and the App will be subject to the version of the Terms and Conditions effective as of the time of your use. These Terms and Conditions apply to all visitors and users of the Site, the App and the Services.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE SITE, THE APP AND THE SERVICES PROVIDED THEREIN.
You affirm that you have reached the age of majority in the jurisdiction of your residence, or you are an emancipated minor, or have obtained the informed legal parental or guardian consent to access and use the Site, the App and the Services, and are fully able to enter into, agree to and abide by the Terms and Conditions, set forth herein.
NotezApp hereby grants you permission to access and use the Site, the App and the Services for personal non-commercial use, as set forth herein, provided that in your use of the Service, you will comply with all applicable laws.
The availability of the Site, the App and the Services may be affected by factors, which are not within the control of NotezApp, including, but not limited to, third party technical problems, network delays or force majeure circumstances. You understand and agree that We are under no obligation to provide you with any specific Service under the Terms and Conditions.
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. As We make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer satisfies the minimum technical requirements before you register to access the Services. Moreover, if We change the minimum technical requirements after you initially register to access the Services such that your computer no longer satisfies the requirements, your exclusive remedy will be to request termination of your access to the Services under the provisions set forth herein.
You are not authorized to use third party accounts without their permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and confidential. NotezApp will not be responsible or liable for your losses caused by any unauthorized use of your account. You must notify Notezapp immediately of any unauthorized use of your account.
The Services may contain links to third party websites, mobile applications and/or services that are not owned or controlled by NotezApp. NotezApp has no control over, and assumes no responsibility for the content and policies of any third party websites, mobile applications and/or services. By using the Services, you expressly relieve NotezApp from any and all liability arising from your use of or reliance on any such third-party website, mobile application and/or service.
The trademarks and logos embedded herein are subject to copyright and other intellectual property rights. All trademarks, logos and any other proprietary designations displayed within the Services constitute intellectual property of NotezApp or the respective third parties. You may access the Site, the App and the Services for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms and Conditions.
You acknowledge that the Site and the App aggregate Content from different sources, and that NotezApp is not responsible or liable in any way for the accuracy, usefulness, safety, or intellectual property rights of such Content. You acknowledge that you may be exposed to Content that is inaccurate, offensive or indecent and you hereby waive any legal rights or remedies that you may have against NotezApp with respect to this, and agree to indemnify and hold harmless NotezApp, its shareholders, directors, officers, employees, affiliates, licensors, and licensees regarding all matters related to your use of the Services.
You may submit Content to the Services. You understand that NotezApp does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for this Content and the consequences of submitting and publishing it on the Services. You confirm and warrant that you own or have the necessary licenses, rights and permissions to publish the Content that you submit; and you license to NotezApp all patent, trademark, copyright or other proprietary rights in and to such Content for publication on the Site, the App and the Services according to the Terms and Conditions herein.
By submitting Content to NotezApp you hereby grant NotezApp a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute and display the Content on the Site and the App and in connection with the Services provided therein, in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, and display such Content as permitted through the functionality of the Site, the App and the Services and under these Terms and Conditions. You agree that the Content you submit to the Site, the App and the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material to post the material and to grant NotezApp all of the license rights.
NotezApp does not endorse any Content submitted to the Site, the Apps and the Services by any user or other content owner, or any opinion, recommendation, or advice expressed therein, and NotezApp disclaims any liability in connection with the Content. NotezApp does not permit infringement of copyright or any intellectual property rights on the Services and NotezApp will remove all Content, if properly notified that such Content infringes any intellectual property rights. NotezApp reserves the right to remove any Content without prior notice.
YOU AGREE THAT YOUR USE OF THE SITE, THE APP AND THE SERVICES SHALL BE AT YOUR SOLE RISK. NOTEZAPP, ITS OFFICERS, EMPLOYEES, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF IT.
NOTEZAPP PRESENTS AND PROVIDES THE SITE AND THE APP "AS IS" WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, FREEDOM FROM COMPUTER VIRUS, OR NON-INFRINGEMENT.
IN NO EVENT SHALL NOTEZAPP, ITS OFFICERS, EMPLOYEES, OR AFFILIATES, BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT, (II) PERSONAL OR PROPERTY DAMAGE OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND/OR (IV) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE SERVICES.
All information and Content available on the Site, the App and their look and feel, including but not limited to domain name, trademarks, logos, service marks, trade names, content, features, designs, colors, product design, product features and descriptions, functions, text, graphics, logos, button icons, images, data compilations and software, and the compilation and organization thereof (collectively referred to as the "Proprietary Material") constitute intellectual property of NotezApp. Except for the very limited license set forth herein, or as required under applicable law, the Proprietary Material or any portion of the Site or the App cannot be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose whatsoever.
You are not authorized to: (i) modify, reverse engineer or create any derivative works based upon the Site, the App or any Proprietary Material; (ii) frame or utilize framing techniques to enclose the Site or any portion thereof; (iii) use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Proprietary Material (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization; (iv) make any use of the Site, the App or any Proprietary Material other than for personal use; (v) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (vi) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (vii) violate or solicit the violation of any applicable local, state, national or international law; (vii) transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or; (viii) engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless NotezApp, its officers, employees and affiliates, from and against any claims, damages, obligations, losses, liabilities or costs (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, the App and the Services; (ii) your violation of any term of these Terms and Conditions; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Services.
If you are a copyright owner or a representative of a copyright owner and you believe that any Content infringes your copyright, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”) to firstname.lastname@example.org with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed;
b. Identification of the material that is claimed to be infringing;
c. Your mailing address, telephone number and email address;
d. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its representative, or the law; and
e. A statement that the information in the notification is accurate, and that you are the copyright owner or you are authorized to act on behalf of the copyright owner.
If you have any questions about these Terms and Conditions, please contact us at email@example.com .