Terms and Conditions
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Notesmaster.com and all content (including all applications) located on the site shall remain vested in NOTESMASTER or its licensors (which includes other users).
The names, images and logos identifying Notesmaster or third parties and their products and services are subject to copyright, design rights and trademarks of Notesmaster, and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Notesmaster, or any other third party.
1. User Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through Notesmaster.com domain name, "Notesmaster Website", or "Websites"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2 )Notesmaster\'s privacy notice, and (3) Notesmaster\'s Community Guidelines. If you do not agree to any of these terms, Notesmaster Privacy Notice, or the Community Guidelines, please do not use the Notesmaster Website.
B. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. Notesmaster may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Notesmaster Website
A. These Terms and Conditions apply to all users of the Notesmaster Website, including users who are also contributors of notes content, information, and other materials or services on the Website. The Notesmaster Website includes all aspects of Notesmaster, including but not limited to all products, software and services offered via the website.
B. The Notesmaster Website may contain links to third party websites that are not owned or controlled by Notesmaster. Notesmaster has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Notesmaster will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Notesmaster from any and all liability arising from your use of any third-party website.
3. Notesmaster Accounts
A. In order to access some features of the Website, you will have to create a Notesmaster account. You may never use another\'s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Notesmaster immediately of any breach of security or unauthorized use of your account.
B. Although Notesmaster will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Notesmaster or others due to such unauthorized use.
4. General Use of the Website—Permissions and Restrictions
Notesmaster hereby grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that :
A. You agree not to distribute in any medium any part of the Website outside of the sites intended scope, including but not limited to User Submissions (defined below), without Notesmaster\'s prior written authorization.
B. You agree not to alter or modify any part of the Website
C. You agree not to use the Website for any commercial use, without the prior written authorization of Notesmaster. Prohibited commercial uses include any of the following actions taken without Notesmaster\'s express approval:
- Sale of access to the Website or its related services on another website;
- Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- The sale of advertising, on the Notesmaster website or any third-party website, targeted to the content of specific User Submissions or Notesmaster content and any use of the Website or its related services that Notesmaster finds, in its sole discretion, to use Notesmaster\'s resources or User Submissions with the effect of competing with or displacing the market for Notesmaster, Notesmaster content, or its User Submissions.
D. Prohibited uses do not include:
- Any use that Notesmaster expressly authorizes in writing.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Notesmaster servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Notesmaster grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Notesmaster reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. In your use of the website, you will otherwise comply with these Terms and Conditions, Notesmaster Community Guidelines, and all applicable local, national, and international laws and regulations.
G. Notesmaster reserves the right to discontinue any aspect of the Notesmaster Website at any time.
5. Your Use of Content on the Site
The Notesmaster Service is intended as an Open Educational Resource platform. In addition to the general guidelines above, the following conditions apply specifically to your use of content on the Notesmaster Website.
A. The content on the Notesmaster Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Notesmaster, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS. Notesmaster reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions:
- For your information and personal use;
- As intended through the normal functionality and intended scope of the Notesmaster Service.
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Notesmaster Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Notesmaster Service or otherwise as prohibited under this Agreement.
D. You may access Notesmaster Content, User Submissions and other content only as permitted under this Agreement. Notesmaster reserves all rights not expressly granted in and to the Notesmaster Content and the Notesmaster Service.
E. You agree to be bound by the relevant Creative Commons Licences.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Notesmaster Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Notesmaster Website or the Content therein.
G. You understand that when using the Notesmaster Website, you will be exposed to User Submissions from a variety of sources, and that Notesmaster is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Notesmaster with respect thereto, and agree to indemnify and hold Notesmaster, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Notesmaster account holder you may add image and note content . Images, note and textual content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Notesmaster will do all it can to maintain any confidentiality with respect to any User Submissions held in the MyDesk.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Notesmaster to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Notesmaster, you hereby grant Notesmaster and other users all rights relating to your submissions under Creative Commons:
Attribution Non-Commercial Share Alike;
You also hereby grant each user of the Notesmaster Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Term and Conditions. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Notesmaster all of the license rights granted herein.
E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Notesmaster Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Notesmaster does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Notesmaster expressly disclaims any and all liability in connection with User Submissions. Notesmaster does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Notesmaster will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another\'s intellectual property rights. Notesmaster reserves the right to remove Content and User Submissions without prior notice.
G. Contributions to Notesmaster
1a. Further to paragraph G, by submitting your contribution to Notesmaster you :
Warrant that your contribution;
- is your own original work and that you have the right to make it available to Notesmaster for all the purposes specified above;
- is not defamatory; and
- does not infringe any law; and
- indemnify Notesmaster against all legal fees, damages and other expenses that may be incurred by Notesmaster as a result of your breach of the above warranty; and
- waive any moral rights in your contribution for the purposes of its submission to and publication on Notesmaster and the purposes specified above.
7. Account Termination Policy
A. Notesmaster will terminate a User\'s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Notesmaster reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Notesmaster may remove such User Submissions and/or terminate a User\'s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notesmaster\'s designated Copyright Agent to receive notifications of claimed infringement is: Dean Dundas, 95 Lynmouth Crescent , Milton Keynes , MK4 1JP UK , email: copyright@Notesmaster.com, fax :00441908503275 . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Notesmaster customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner\'s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Notesmaster may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Notesmaster\'s sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE NOTESMASTER WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTESMASTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NOTESMASTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NOTESMASTER WEBSITE. NOTESMASTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NOTESMASTER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NOTESMASTER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL NOTESMASTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NOTESMASTER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NOTESMASTER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Notesmaster from its facilities in the United Kingdom , Ethiopia , the Caribbean and the United States of America . Notesmaster makes no representations that the Notesmaster Website is appropriate or available for use in other locations. Those who access or use the Notesmaster Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Notesmaster, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney\'s fees) arising from: (i) your use of and access to the Notesmaster Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Notesmaster Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 10, as the Notesmaster Website is not intended for children under 10. If you are under 10 years of age, then please do not use the Notesmaster Website. There are lots of other great web sites for you. Talk to your parents about what education sites are appropriate for you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Notesmaster without restriction.
You agree that: (i) the Notesmaster Website shall be deemed solely based in the Caribbean, Ethiopia, the United Kingdom and the United States of America; and (ii) the Notesmaster Website shall be deemed a passive website that does not give rise to personal jurisdiction over Notesmaster, either specific or general, in jurisdictions other than the Caribbean, Ethiopia, the United Kingdom and the United States of America. These Terms and Conditions shall be governed by the internal substantive laws of the Caribbean, Ethiopia and the United Kingdom and the United States , without respect to its conflict of laws principles. Any claim or dispute between you and Notesmaster that arises in whole or in part from the Notesmaster Website shall be decided exclusively by a court of competent jurisdiction located in the country of origin. These Terms and Conditions and any other legal notices published by Notesmaster on the Website shall constitute the entire agreement between you and Notesmaster concerning the Notesmaster Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Notesmaster\'s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Notesmaster reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Notesmaster Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND NOTESMASTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NOTESMASTER WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.