Terms

Updated June 3rd 2020

Terms of Service

These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms are derived from the terms published by Wordpress.com under CC BY-SA 4.0 and are also available under a Creative Commons Sharealike license. You’re more than welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to Collected Notes somewhere on your website.

Terms of Service

These Terms govern your access to and use of Collected Notes, collectednotes.com website and mobile apps as well as all content and Collected Notes products and services available at or through these websites or mobile apps (collectively, “Services”). For some of Collected Notes’s other products and services additional Terms of Service may apply and will be posted on the websites for those products and services. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, "Collected Notes’s Privacy Policy"), and procedures that may be published from time to time by Collected Notes (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with Collected Notes Corp. We refer to Collected Notes Corp. as “Collected Notes” or “we” throughout these Terms.

2. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you create a Collected Notes account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.

3. Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).

4. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties. If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct. We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, 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. Any Content offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content. Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content. We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Collected Notes or our other Services. For example:

We do not have any control over those websites and are not responsible for their contents or their use. The existence of a link to or from one of our Services does not represent or imply that we endorse such website. 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. We disclaim any responsibility for any harm resulting from non-Collected Notes websites.

5. General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with these Terms; Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising); Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities; Will not infringe or misappropriate the intellectual property rights of any third party; Will not overburden Collected Notes’s systems, as determined by us in our sole discretion; Will not disclose sensitive personal information of others; Will not be used to send spam or bulk unsolicited messages; Will not interfere with, disrupt, or attack any service or network; and Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

6. Specific Service Terms

a. collectednotes.com Websites and Accounts

collectednotes.com or Collected Notes is a social platform for publishing content, collaboration and community. A Collected Notes account also allows you to sign into our Services. Collected Notes's basic service is free. Our service is designed to encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, malware, objectionable content or serious threats of violence) are posted or linked to. If you find an Collected Notes post of thread that you believe violates these Terms, please report it.

License. By submitting Content to Collected Notes, you grant Collected Notes a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting Collected Notes. This license also allows Collected Notes to make any publicly-posted Content available to third parties selected by Collected Notes, so that these third parties can analyze and distribute (but not publicly display) the Content through their services. You also give other Collected Notes users permission to share your Content on Collected Notes and add their own Content to it (aka to "re-mix" your Content).

Your Content. Collected Notes allows you to share files, videos, photos, links, threads, posts, texts and other information about yourself with others. All such content that you submit, publish, upload and/or display to others through Collected Notes is referred to collectively as “User Content.” By your use of the Collected Notes Platform and submitting, publishing, uploading or displaying User content via Collected Notes, You understand, acknowledge and agree that:

User Content may be available for view by the general public.

You are responsible to ensure User Content does not violate any copyright or intellectual property rights of third parties

You, or your licensors, as the case may be, retain ownership of the copyright and other intellectual property in User Content, subject to the non-exclusive rights granted below.

You grant Collected Notes. a worldwide, non-exclusive, royalty-free, transferable, sub-licensable (through multiple tiers), perpetual and irrevocable license in respect of the User content, to use, reproduce, process, adapt, copy modify, create derivative works from, translate, transmit, store, display for public viewing, distribute and publish the same over computer networks, devices, service providers, and in various media and/or in connection with the operation or use of Collected Notes or the advertising, marketing and promotion of Collected Notes or our business or channel partners, in, by or through any and all media or distribution methods then available, including through means of automated distribution, such as through an application programming interface (also known as an “API”).

Your grant of this license includes a similar right for other users of Collected Notes in accordance with and subject to our Terms i.e. the ability to use, reproduce, process, adapt, copy modify, create derivative works from, translate, transmit, store, display for public viewing the said User Content.

Your grant of this license shall also include the right for Collected Notes to make User Content available to affiliates and other companies, organizations, business/channel partners, or individuals who collaborate with Collected Notes for the syndication, distribution, publication, broadcast, communication of User Content on Collected Notes or through available media or distribution methods.

Unless expressly provided in these Terms, the license available to User of Collected Notes will not confer on you the right to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works. If you do not wish for your answers to be translated by other users, you can adjust your profile settings to opt out of translation or mark certain answers as not available for translation.

The license and rights granted to Collected Notes in respect of User content, as above, shall be available to the maximum extent permitted by law, except as otherwise specified in this Agreement. By agreeing to the above, you also authorise and permit us to act as your non exclusive agent to take appropriate enforcement actions, if and as may be necessary, against any unauthorized use by third parties of the User Content outside of Collected Notes or in violation of our Terms.

Collected Notes reserves the right to refuse to accept, post, display or transmit any User Content in whole or in part, at any time, at its sole discretion.

Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view on Collected Notes, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Prohibited Uses. By using Collected Notes, you represent and warrant that your Content and conduct do not violate the User Guidelines.

Advertisements. We reserve the right to display advertisements anywhere on Collected Notes.

7. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Collected Notes product or service violates your copyright, please notify us in accordance with the Notice and Notice regime (Canada's DMCA) of the Canadian Copyright Act. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Collected Notes or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

8. Intellectual Property

The Agreement does not transfer from Collected Notes to you any Collected Notes or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Collected Notes. Collected Notes, Collected Notes, collectednotes.com, the Collected Notes logo, and all other trademarks, service marks, graphics, and logos used in connection with Collected Notes or our Services, are trademarks or registered trademarks of Collected Notes or Collected Notes’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Collected Notes or third party trademarks.

9. Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Collected Notes, or by the posting by Collected Notes of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

10. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Collected Notes policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your website uses, or terminate your Services, if we believe your website’s storage or bandwidth usage is out of hand and/or burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

If you wish to terminate the Agreement or your Collected Notes account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

Our Services are provided “as is.” Collected Notes 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 Collected Notes, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

12. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Ontario, Canada. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Toronto, Ontario.

13. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in California, USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

14. Limitation of Liability

In no event will Collected Notes, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the 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 $50 or the fees paid by you to Collected Notes under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Collected Notes 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.

15. Indemnification

You agree to indemnify and hold harmless Collected Notes, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

16. US & Canada Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. and Canada Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

17. Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

18. Miscellaneous

The Agreement constitutes the entire agreement between Collected Notes and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Collected Notes may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.