Revisions to Terms
We may revise these Terms from time to time, and we will try to provide you with at least seven (7) days advance notice prior to any new terms taking effect. However, in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We may announce changes through the ColorNote site, and/or by sending an email to the address you have provided to us. After we have updated these Terms, you may continue to access or use our Service after those revisions become effective, in which case you have agreed to be bound by the revised terms, or you can immediately stop using our Service.
Use of the Service; License Grants
Our Service allows you to store, access, organize, view, display, and share Content (as defined below) through our web based and mobile software applications (the “ColorNote Software”).
So long as you are not prohibited from using the Service under the laws of your jurisdiction, we grant you a revocable, limited, non-exclusive license to use the Service subject to these Terms until you choose to terminate your use of the Service (by not using the service or terminating your account) or until we terminate/suspend your Account (as defined below) pursuant to these Terms.
In addition, we grant you a personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive license to use ColorNote Software provided to you by or on behalf of ColorNote, for the sole purpose of enabling you to use ColorNote Software and access the Service, subject to any applicable license terms provided with ColorNote Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in ColorNote Software or the Service. If you download ColorNote Software to your mobile device or computer, you may be asked to agree to an end user license agreement (“EULA”). The EULA will take precedence if there is a conflict between the terms contained in the EULA and these Terms, but only to the extent of such conflict.
You may not: (i) copy, modify or distribute ColorNote Software for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute ColorNote Software or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of ColorNote Software or the Service; or (iv) use ColorNote Software or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Obtaining equipment such as a mobile device, and paying for connectivity and data plans is your responsibility. ColorNote has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Creating a ColorNote Account
You may need to register and create an account (“Account”) in order to use those aspects of our Services which require the creation of an Account.
If you are under the age of 13 and reside in the United States, you are prohibited from using the Service or creating an Account. If you are between the ages of 13 and 17, you represent that your parent or legal guardian has reviewed and agreed to these Terms.
If you reside outside the United States, by creating an Account and using the Service, you represent and warrant that you are 18 years of age or over and have the right, authority and capacity to enter into these Terms, or you are the legal age required to form a binding contract in your jurisdiction.
When creating an Account, you may be required to provide certain personal information about yourself. You will also need to establish a username and a password. You agree to provide accurate, current and complete information about your Account.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the accuracy, completeness, and confidentiality of your Account and you will be responsible for all activities that occur under your Account, including activities of others to whom you have provided access to your Account. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account secure. If you discover any unauthorized use of your Account or suspect that anyone may be able to access your private Content, you should immediately change your password and notify us via email to email@example.com.
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Our Service allows you and other users to store, access, organize, view, display, share and otherwise make available and access certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you submit to the Service, including its legality, reliability, and appropriateness. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
However, in order for us to provide Services to you, we must obtain from you certain rights and licenses to the Content you submit. These rights and licenses are necessary so that our storage, access, distribution, reproduction, processing, and related handling of your Content in order to provide Services to you does not infringe copyright and other related laws. Therefore, by using the Service, you grant us a non-exclusive, transferable, sub-licensable, fully paid and royalty-free, worldwide right and license to modify, delete from, add to, publicly perform, publicly display, reproduce, translate, distribute, and otherwise use your Content on and through the Service, except that the use of your Content will be subject to your privacy settings. Subject to your privacy settings, you agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You also agree that ColorNote has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. The license you grant to ColorNote in connection with your Content ends when you delete your Content or your Account unless your Content has been shared with others, and they have not deleted it.
You agree that these rights and licenses include a right for ColorNote to make such Content available to, and pass these rights along to, others with whom ColorNote has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if ColorNote determines such access is necessary to comply with its legal obligations.
If you elect to use any third party service or application that is integrated with ColorNote, you also agree that the licenses granted to ColorNote in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant ColorNote the right and license to enable such access to your Content.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
While you own the Content you store with ColorNote, you agree that ColorNote (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service. ColorNote Software and Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to ColorNote Software and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying ColorNote Software or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding ColorNote Software or the Service (“Feedback”) will be the sole and exclusive property of ColorNote and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to ColorNote by providing us with the following information in writing :
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact us in connection with the above copyright policy via email at firstname.lastname@example.org
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Links to Third Party Sites
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. Inasmuch as some advertising or other content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other content. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
Changes to the Service
ColorNote may, in its sole and absolute discretion, make changes to the Service from time to time and/or stop (permanently or temporarily) providing the Service (or certain aspects of the Service), with or without prior notice to you. You acknowledge that certain actions by ColorNote may restrict or prevent you from accessing your Content or using the Service, for limited periods or permanently, and agree that ColorNote has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber to a paid ColorNote service (a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, in our sole discretion.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we have the right to suspend or stop your access to or use of ColorNote Software and/or Service. We will notify you by email or at the next time you attempt to access your Account. You may also delete your Account at any time.
You agree to indemnify and hold ColorNote, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms or any other actions connected with your use of the Service (including all actions taken under your Account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the Account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
You understand and agree that ColorNote Software and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis, WITHOUT ANY WARRANTIES EXPRESS OR IMPLIED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Without limiting the foregoing, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that ANY ASPECT OF THE Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis, THAT ANY ERRORS IN ANY SOFTWARE OR SERVICE WILL BE CORRECTED, OR THAT THE SERVICe WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
Limitation of Liability
WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE COLORNOTE SOFTWARE OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) ANY OTHER MATTER RELATING TO OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR THE SERVICE IS TO STOP USING THEM.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COLORNOTE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or ColorNote exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
These Terms constitute the entire agreement between you and ColorNote and govern your use of the Service, except, and then only to the extent that you have entered into another agreement with ColorNote (i.e. a EULA). These Terms supersede any prior agreements or earlier versions of these Terms between you and ColorNote for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect. Any amendment to or waiver of this Statement must be made in writing and signed by us.
ColorNote reserves all rights not expressly granted to you.
Questions & Contact Information
Please contact us at email@example.com if you have any questions about our Terms.