Terms of Service

Posted August 1st , 2014

We [Notesmartly Inc] [NS] created a productivity platform service called Notesmartly [NS]. We would love for you to use it. Our service is free mostly, and we offer paid upgrades for advanced features. We designed Notesmartly™ to give you as much control and ownership over what you do with your documents as possible. But yet, be responsible in what you publish.

Make sure that none of the prohibited items make way into your public documents or get linked to from your public documents. Prohibited items are things like spam, viruses or hate content. You can store most "objectionable" things in private with no problem except for spam and viruses. It's once it goes public that there's a possibility of you running into trouble. We just need to protect our-self but we have no ill intentions. Promise if you find a Notesmartly hosted public post that you believe violates our terms of service, please contact us at legal@notesmartly.com. (We’re using the wordpress.com terms of service as a template for ours. We have used it as a template and replaced it with our content. It’s under a Creative Commons Share like license which means it's alright. If you liked our variation of it, feel free to use it. If you do, we'd appreciate a link back and so would wordpress.com.)

Notesmartly Service
Opinions

If you have questions or concerns regarding this Agreement, you should contact us at legal@notesmartly.com. Alternatively, you may contact us at:
Notesmartly, Inc.
155 North Lake Avenue, Suite 800
Pasadena , CA 91101

The following terms and conditions covers:

1. All use of the Notesmartly web-app or its mobile app collectively represented as “Website”. 2. Content, services and products available at or through the website, including, but not limited to other surrogates products. Notesmartly Inc owns and operates the Website. The Website is offered subject to your acceptance: a) Without modification of all the terms and conditions contained and all other policies. Operating rules, (including, without limitation, NS's Privacy Policy) b) And procedures that may we publish from time to time on this Site (collectively, the “Agreement”). Please read this Agreement with due attention before accessing or using the Website. By accessing or using any section /part of the web site/ web-app or mobile app [“Website”], you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The acceptance of terms and conditions by us [NS] is expressly limited to these terms. The Website is available only to persons who are at least 13 years old. PS:Some parts of the terms refers to Premium or Paid membership which will be valid once the premium version launches.

Your Notesmartly Account and Website:

You are responsible for maintaining the security of your NS account and documents. You are responsible for: a) All the activities that occur under the account. b) Any other actions taken in connection with the documents. You must not describe or assign keywords to your documents in a misleading or unlawful manner. You cannot intend to trade on the name or reputation of others. Notesmartly may change or remove any description or keyword: a) that is inappropriate b) or unlawful, c)or otherwise likely to cause Notesmartly liability. You must immediately notify Notesmartly of a) any unauthorized uses of your documents. b) unauthorized uses of your account or c) any other breaches of security. Notesmartly will not be liable for any acts or omissions by You. (i)including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors:

You are free to operate documents, comment on documents, add material to the Website/App, or post links on the Website. You can make (or allow any third party to make) material available by means of the Website (any such material, “Content”). You are entirely responsible for the content of, and any harm resulting from, that Content. Regardless of whether the Content in question is text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: • the downloading, copying and use of the Content will: a) not infringe the proprietary rights, b) including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; • if your employer has rights to intellectual property you create: (a) you have either received permission from your employer to post, or make available the Content , including but not limited to any software, (b) or secured from your employer a waiver about all rights in or to the Content; • you: a) have fully complied with any third-party licenses relating to the Content, b) and have done all things necessary to successfully pass through to end users any required terms; • the Content : a) does not contain or install any viruses, malware, Trojan horses worms etc. b) does not contain other harmful or destructive content. c) is not spam, is not machine- or randomly-generated or bots , d) does not contain unethical or unwanted commercial content designed to drive traffic to third party sites. Or designed to boost the search engine rankings of third party sites, e) doesn't further unlawful acts (such as phishing) or mislead recipients on the source of the material (such as spoofing); f) is not pornographic, does not contain threats or encourage / incite violence, and does not violate the privacy or publicity rights of any third party; • your document: a) is not getting advertised via unwanted electronic messages . Like spam links on newsgroups, email lists, other documents and web sites, and similar unsolicited promotional tactics or methods; b) is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your documents’ URL or name is not the name of a person other than yourself or company other than your own; • and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials. Whether requested to do so by Notesmartly or otherwise. By submitting Content to Notesmartly in any of its offerings such as web-app, mobile-app , you grant Notesmartly a world-wide , non-exclusive ,royalty-free license to reproduce , modify, adapt and publish the Content for displaying, distributing and promoting your documents. If you delete the Content, Notesmartly will remove it from the Website, web-app and mobile app however you should know that caching references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Notesmartly has the right (though not the obligation) to, in Notesmartly’s sole discretion (i) deny or remove any content that in Ns’s reasonable opinion , violates any Notesmartly policy or is in any way harmful or objectionable, or (ii) deny or stop the access to and use of the Website to any individual or entitiy for any reason . Notesmartly will have no obligation to provide a refund of any amount previously paid. Paid services on the Website are available such as premium upload limit or other advanced options on the Website (an “Upgrade”) You agree to pay Notesmartly the monthly or annual subscription fees indicated for that advanced options or services by selecting an Upgrade. You will be charged on a pre-pay basis the moment you sign up for an Upgrade and it will cover the use of that service for monthly or annual subscription as preferred by you. Upgrade fees are not refundable.

Automatic Renewal.

Your subscription an “Upgrade” will automatically renew and you allow us to collect applicable annual or monthly subscription fee for such an Upgrade[inclusive of taxes] using any credit card or other payment methods we have on record for you. Unless of course you notify Notesmartly before the end of the subscription period in question to cancel the Upgrade. Upgrades can be easily cancelled at any time in the Upgrades section on the Dashboard under Settings menu.

Responsibility of Website users.

Notesmartly has not reviewed, and probably cannot review:

a) all the material, including computer software [links or references ], posted to the Website, and cannot so be responsible for that material’s content, use or effects. Notesmartly does not represent or imply that it endorses the material posted on the Website, or that it believes such material to be accurate, useful or non-harmful. You are solely responsible for taking precautions as necessary to protect yourself and your computer systems from viruses Trojans horses and other destructive or harmful content


The Website may contain:

b) content that violates the privacy or publicity rights or infringes the intellectual property or other proprietary rights, of third parties. The downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Notesmartly do not claim any responsibility for any harm resulting from the use by visitors of the Website. Or from any downloading by those visitors of content there posted. Content Posted on Other Websites.

We have not reviewed, and cannot review:

a) all the material, including computer software, made available through the public documents to which Notesmartly links, and that link to Notesmartly.

By linking to a non NS website or webpage, Notesmartly does not imply or represent that it endorses such website or webpage:

a) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. b) Notesmartly disclaims any responsibility for any harm resulting from your use of non-NS websites or any non- NS content and webpages. c) Notesmartly does not have any control over those non-NS content whatsoever, and is not responsible for their contents or their use.

Copyright Infringement and DMCA Policy.

Notesmartly respects the intellectual property rights of others in the same way as it respects its own intellectual property rights. Notesmartly asks or expects the same form others. If you find or believe that material located on or linked to by Notesmartly violates your copyright, please notify Notesmartly [us] in accordance with Notesmartly’s Digital Millennium Copyright Act [“DMCA”] Policy. All such notices will be responded effectively as required or appropriate by removing the infringing material or disabling all links to the infringing material. Under appropriate circumstances notesmartly may terminate visitor’s access to and use of the Website if the visitor is determined to be a repeat infringer of the copyrights be it the copyrights of Notesmartly or others. In the case of such termination, Notesmartly will have no obligation to provide a refund of any amounts previously paid to NS.

Intellectual Property

This Agreement does not transfer from Notesmartly to you any Notesmartly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Notesmartly, the Notesmartly logo, and all other trademarks, service marks, graphics and logos used in connection with Notesmartly, or the Website are trademarks or registered trademarks of Notesmartly or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Notesmartly or third-party trademarks. Attribution. Notesmartly reserves the right to display attribution links such as 'Powered By Notesmartly,' and font attribution in your public page footer. Footer credits may not be removed unless you are a Premium (Upgrade) subscriber. Changes. Notesmartly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Notesmartly may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Notesmartly may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Notesmartly account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES

The Website is provided “as is”. Notesmartly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Notesmartly nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

LIMITATION OF LIABILITY

In no event will NS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Notesmartly under this agreement during the twelve (12) month period prior to the cause of action. Notesmartly shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

INDEMNIFICATION

You agree to indemnify and hold harmless NS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

FORCE MAJEURE

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

COPYRIGHT NOTICE

Copyright © 2014 Notesmartly, Inc. All rights reserved.