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Terms of Use

Updated October 1, 2009

Welcome to NotesArk. By using this site, you acknowledge your assent (agreement), without modification or limitation, to these Terms of Use .to access, view, obtain goods or services (“Services”) from, or otherwise use the website www.NotesArk.com (“the Site”, “NotesArk”, “we”, “our” or “us”) This Site is made available by NotesArk.com (“NotesArk”). These Terms of Use apply to all visits to the Site both now and in the future.

1. Overview

NotesArk provides the Site for Users to save personal notes and optionally share them with friends. Users can also share information about themselves with other members in their Profile and communicate with friends using NotesArk messaging service and comments capabilities.

Subject to and in accordance with these Terms of Use and other guidelines or instructions included in the Service, we grant you a limited, non-exclusive license to access and use the Service. We reserve the right to make changes to these Terms of Use or our Privacy Policy at any time. Your continued use of the Service following posting of any changes constitutes acceptance of those changes.

The Service is currently free of charge but the NotesArk reserves the right to set a fee for it in the future, in which case you will have the right to accept or decline.

NotesArk reserves the right to change, suspend, or discontinue any part or the whole of the NotesArk Site at any time, including the availability of any Site feature, database, or content, without any liability or notice. We also reserve the right to terminate this license and your access to Services and to remove and discard any content you have submitted, including notes, comments, or private messages, at any time, for any reason, and with or without notice. We reserve the right to revoke your particular Site’s login credentials (which include your email and password), or to require you to choose different login credentials. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password.

2. Access and Use

2.1 Age Requirement. You may not access or use the Service unless you are at least 13 years of age or older.

2.2 Conduct; Prohibited Activities. You may use the Service only in accordance with all applicable laws and regulations, consistent with its intended use and in a manner that does not disrupt the use of the Service by others. You may not artificially generate traffic or page links to any portion of the Service. You agree not to authorize, aid, or encourage anyone to act in violation of these Terms of Use. In addition, you agree not to:

  1. harvest or otherwise collect or disseminate personal information about others without their consent, or harass or “stalk” another;
  2. impersonate any person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of messages;
  3. gain or attempt to gain unauthorized access to the Service, or other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  4. solicit business for any competitive company or service;
  5. involve commercial activities and/or sales without prior written consent from Us such as advertising, contests, sweepstakes or any solicitation of donations;
  6. further or promote any criminal activity or enterprise or provide any information about illegal activities;
  7. display an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us;
  8. register for more than one User account or register for a User account on behalf of another individual, group or entity;
  9. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
  10. include a photograph or video of another person that you have posted without that person's consent;
  11. post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. use or attempt to use another's account without authorization from us;
  13. attempt to use the site as a dating service;
  14. solicit other business off topic or not related to the purpose of the Site;
  15. export technical data or other materials in violation of any applicable law; or
  16. upload, transmit or otherwise make available material that:
    1. is unlawful, sexually explicit, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable;
    2. infringes any intellectual property right or other right of any third party, including but not limited to any patent, trademark, trade secret or copyright;
    3. constitutes the unauthorized or unlawful disclosure of confidential or other proprietary or nonpublic information;
    4. constitutes “chain letters,” “junk mail,” “spam,” “pyramid schemes” or other duplicative or disruptive messages; or
    5. contains viruses, trojan horses, works or any other harmful or disruptive computer code, files or programs

2.3 Email Notifications. As a Site member, you agree to receive email notifications about Site's events such as notifications about receiving a message on a Site, friend's requests, friends’ updates and comments and other such notifications that are part of the site’s functionality.

2.4 Hyperlinks. You may create a hyperlink to the homepage of the Site so long as the link does not portray the Site, NotesArk, or its affiliates, or their services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without written permission.

3. Posting content.

3.1 Proprietary right to Content on NotesArk. NotesArk does not claim any ownership rights to the content you post or share on NotesArk. However, by posting such content on through or in connection with NotesArk, you automatically grant NotesArk a royalty-free, irrevocable, world-wide, nonexclusive, transferable, sub-licensable license to use any content that you post in connection with NotesArk. This license is subject to your application and Privacy settings and ends when you delete your content or we delete your account, except the content that has already been shared with other NotesArk members and they have not deleted it.

3.2 Content posted. You are solely responsible or otherwise control all the content - Notes, Submissions and Communications - that you post. You thereby agree that the content you post does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify NotesArk or its affiliates for all claims resulting from content you supply.

3.3 CAUTION: Posting sensitive personal information. The NotesArk Site SHOULD NOT be used for posting sensitive personal information such as personal passwords and financial accounts logins or information related to bank accounts, credit cards etc. Since data transmission over the Internet is not completely secure and there are dangers of the Site getting hacked by hackers, Users must maintain caution on how to use the facilities of Notes and other services of NotesArk. We take reasonable efforts to make the Site secure, however we cannot completely cancel out any event such as hacking and/or theft of personal information. NotesArk shall NOT be held liable for any such adverse events and claims.

4. Privacy

Please see our Privacy Policy, which is incorporated by reference to these Terms of Use. This policy describes how we collect your personal information, and how we disclose and make use of the same in relation to our Services and the Site.

5. Monitoring of Sites activities.

NotesArk reserves the right (but is not obligated) to: Monitor, edit, or disclose any communication/Note in the Public Areas; or Edit or delete any communication/Note(s) posted on the NotesArk Site, regardless of whether such communication/Note(s) violate these standards; or Remove communication/Note which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use. NotesArk has no liability or responsibility to Users of the NotesArk Site or any other person or entity for performance or nonperformance of the aforementioned activities.

6. NotesArk Proprietary Rights: Copyright; Trademarks; Restrictions On Use Of Material.

All items on this Site are copyrights of NotesArk, including but not limited to website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of NotesArk or its licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Reproduction, reverse-engineering, modification, alteration or republication of any proprietary property of NotesArk including any component or the whole of the Site, is strictly prohibited without prior written permission.

All trademarks, service marks, logos, or other corporate identifications (collectively, “Marks”) on this Site are trademarks or service marks of NotesArk User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way.

7. Member Account Termination.

You can terminate your account at anytime by emailing a termination request to support-at-notesark-dot-com. If you wish to terminate or cancel your account at any time with NotesArk, you should delete all your all of your Notes, and any personal information from the Site prior to your cancellation of the account. You are responsible for saving and backing up your account information for your personal use outside of NotesArk.

NotesArk may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, with or without cause or warning, and without liability. In the event of termination of this Agreement, NotesArk may delete and/or store, in its discretion, data associated with your use of the Site.

Despite our best efforts, NotesArk shall not be liable if any (or any part) of your account information or Notes, and personal information is not deleted from our files due to factors beyond NotesArk’s control such as, but not limited to, cached pages, robots, spiders, screenshots etc. You should also back up and save all you NotesArk information elsewhere prior to cancelling your NotesArk account, because once your account is cancelled you will no longer have access to your NotesArk data information. NotesArk shall not be liable for your lack of access and/or loss of such NotesArk data and information.

8. Third-Party Information.

The Site may provide link to third-party websites, whose content, business practices and privacy policies are not under our control. We are not responsible for the content of any linked website or any link contained in a linked website, and we will not be liable for any damage or loss caused by or in connection with the use of such websites. The inclusion of a link in the Service does not imply any endorsement by us or any affiliation between us and the third party. In accessing following links to third-party websites, you may be exposed to content that you consider offensive or inappropriate.

9. No Backup; Downtime.

While NotesArk shall take all reasonable efforts for data backup and business resumption, User will be solely responsible for retaining back-up copies to their local drives of all notes, comments, personal information, photographs and other materials it provides to NotesArk.

Despite reasonable efforts, NotesArk may not be able to guarantee any particular uptime level due to periodic maintenance and/or factors which are beyond the control of NotesArk such as mechanical, telecommunication, software, hardware and third-party vendor failures etc. NotesArk cannot predict or control the occurrence of such “downtime” and cannot control the duration of such “downtime.” NotesArk shall not be held liable for such “downtime” that may occur.

10. No Warranties.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOTESARK, INC, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NOTESARK, AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

NOTESARK WILL NOT BE HELD LIABLE FOR THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT OR DATA PROVIDED TO ANY INDIVIDUAL OR FOR ANY BUSINESS, INVESTMENT, COST, OR LOSS ASSOCIATED WITH THE INFORMATION WE PROVIDED. NEITHER NOTESARK NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM NOTESARK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND OUR CONTROL AND JURISDICTION AND OUR SUPPLIERS. ACCORDINGLY, WE ASSUME NO RESPONSIBILITY FOR ANY DEFECT, ERROR, OMISSION, INTERRUPTION, DELETION, THEFT OR DESTRUCTION, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNAUTHORISED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK OR UNAUTHORISED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Limitation of Liability.

NOTESARK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE, CLOSING DOWN OF THE SITE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE OR (vi) THE DELAY IN PERFORMANCE OR NON PERFORMANCE BY NOTESARK OR ANY THIRD PARTY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANISATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION.

12. Indemnity.

You agree to indemnify and hold harmless NotesArk, Inc. and its affiliates, officers, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys’ fees, incurred in connection with a claim by any third party due to or arising out of your use of the Service, your violation of these Terms of Use or the rights of another party, or content you submit to the Service.

13. Procedure for Making Claims of Copyright Infringement.

We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached by email as follows: support-at-notesark-dot-com

14. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, including all terms, conditions, and the Privacy Policy that are incorporated into these terms by reference, constitute the entire agreement between you and NotesArk and govern your use of the Site, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms only before a federal or state court in the county of San Francisco, California. You and NotesArk hereby generally and unconditionally submit to and accept the jurisdiction of such courts.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court will endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to these Terms of Use or the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Contact us

If you would like to request additional information regarding these Terms of Use, please contact us by email at support-at-notesark-dot-com.

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