Notefall Terms of Service
Welcome to notefall.com, the website and online services (collectively the “Service”) offered by its owners and operators (“Notefall”, “we”, or “us”). These Terms of Service (“Terms”) regulate access to and use of the Service and any uploaded, downloaded or presented materials, information, text, graphics, and photos (collectively “Content”) by each person who accesses or conducts activity on the Service (“User” or “Users”).
1. Basic Terms
You are responsible for your use of the Service, for any Content you post, send, submit, transmit, display, publish or otherwise make available (“Post”) via the Service, and for any consequences thereof. Some of the Content you Post using our Service is public and may be viewed by anyone, including through third-party services or websites. You may not be able to subsequently remove some of the Content you Post from the Service. You should only submit Content that you are comfortable sharing with others under these Terms.
You may use our Service only if you can form a binding contract with Notefall and you are not a person barred from receiving services under the laws of the United States or other countries, including your country of residence or country from which you use our Service. If you are accepting these Terms and using the Service on behalf of a legal entity (company, organization, government, etc.), you warrant and represent that you are authorized to do so. You agree to use the Service only for lawful purposes that are permitted by these Terms and any applicable laws, regulations, practices, guidelines and rules, including any laws regarding the export of data and software to or from the United States, Canada or other relevant jurisdictions.
Notefall, in its sole discretion, may change nature and form of the Service, or discontinue (permanently or temporarily) providing the Service, or any part thereof, to any User for any or no reasons without notice and without any liability. Notefall also reserves the right to set limits on use and storage without prior notice to you.
3. Account Security
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We encourage you to take measures against others accidentally or intentionally gaining access to the Service, including limiting access to devices you use and logging out.
Notefall cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
All Content is the sole responsibility of the person who originated it. We may not control or monitor the Content Posted via the Service, and we cannot take responsibility for such Content. Any use or reliance on any Content or materials Posted via or obtained through the Service is at your own risk.
We do not support, endorse, represent or guarantee the truthfulness, completeness, accuracy, or reliability of any Content or communications Posted using the Service or endorse any opinions expressed via the Service. You accept that you may be exposed to Content that might be harmful, offensive, inaccurate or otherwise inappropriate, mislabeled, confusing or deceptive. Under no circumstances will Notefall be liable in any way for any Content, including, but not limited to, any omissions or errors in Content, or any damage or loss of any kind suffered as a result of the use of any Content Posted, emailed or otherwise made available via the Service or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you Post using the Service. By Posting Content via the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other Users. Notefall will not be liable or responsible for any use of your Content by Notefall in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you Post.
6. Your License To Use the Service
Notefall gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Notefall as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Notefall and in the manner permitted by these Terms.
7. Rights of Notefall
All rights, title, and interest in and to the Service (excluding Content provided by Users) are and will remain the exclusive property of Notefall and its licensors. The Service is protected by copyright, trademark, and other laws of the United States, Canada and other countries. Nothing in the Terms gives you a right to use the Notefall name or any of the Notefall trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Notefall or the Service is entirely voluntary. We we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Service
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service, to suspend or terminate Users, change and reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Notefall's computer systems, or the technical delivery systems of Notefall's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Notefall (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Notefall (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of Notefall is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, or attempt to do so, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
9. Copyright Policy
Notefall requires users of the Service to respect the intellectual property rights of others.
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Notefall as follows.
You may end your legal agreement with Notefall at any time for any or no reason by deleting your account(s) (see Settings), and discontinuing your use of the Service. You do not need to specifically inform Notefall when you stop using the Service.
We may suspend or terminate your accounts or cease providing you with the Service or parts of it at any time for any or no reason. In some such cases, we will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Notefall's rights to change, limit or stop the provision of the Service without prior notice, as stated above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Notefall and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Notefall Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Service is Available “AS-IS“
Your access to and use of the Service or any Content are at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE NOTEFALL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Notefall Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Notefall Entities or through the Service, will create any warranty or representation not expressly made herein.
The Service may contain links to third-party websites or resources. You acknowledge and agree that the Notefall Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Notefall Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NOTEFALL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NOTEFALL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID NOTEFALL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE NOTEFALL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Notefall to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by Canadian law without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in the Federal Court of Canada or provincial courts located in Victoria, British Columbia, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at notefall.com/terms. If we make a change that, in our sole discretion, is material, we will notify you via the email address you have provided to us, or by placing a prominent notice on the notefall.com website. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: April 2, 2019