Terms of Use
1. Purpose. Notes4Uni.com ("Notes4Uni") is an online portal where authors ("Publishers") distribute independently-created works ("Content") to others for a variety of academic disciplines. Notes4Uni provides a platform for assisting students in understanding ideas, concepts, and themes required to excel in academic courses.
2. Terms of Use. These Terms of Use ("Terms") apply to Notes4Uni. Use of Notes4Uni signifies agreement with the Terms. If there is no such agreement, there should be no use. Notes4Uni reserves the right, in its sole discretion, to modify the Terms without further notice and at any time. Continued use of Notes4Uni after any such change signifies acceptance of the new Terms. The Terms apply exclusively to access to, and use of, Notes4Uni and they do not alter the conditions of any other agreement with Notes4Uni for products, services, or otherwise.
3. Privacy Policy. Users of Notes4Uni should refer to Notes4Uni's Privacy Policy for information about how Notes4Uni uses, collects and may disclose information to third parties.
4. Content and Use. Publishers who upload any Content to Notes4Uni grant Notes4Uni a perpetual, irrevocable, royalty-free, nonexclusive, worldwide right and license (with the unrestricted right to grant sublicenses) to post, copy, reproduce, modify, alter, translate, publish, distribute, download, perform, display, transmit and otherwise use such Content in any format or medium for any purpose whatsoever, including, but not limited to, commercially profiting therefrom. Uploading permits any other user of Notes4Uni to access, view, display, download, store, print and otherwise use such Content. Notes4Uni assumes no liability for any material provided by Publishers, which may contain material that is inaccurate, incomplete, inappropriate, offensive or sexually explicit. Notes4Uni does not review, edit or evaluate the accuracy of information provided by the Publishers. Misuse of any of the services provided on Notes4Uni ("Notes4Uni Services") by any user or Publisher, should be immediately reported to Notes4Uni. Notes4Uni reserves the right in its sole discretion to remove all Content posted by any user, or to restrict, suspend or terminate access to all or any part of the Notes4Uni Services at any time, for any or no reason, with or without prior notice and without liability. Use of the Notes4Uni Service is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. Users are solely responsible for all activities, acts and omissions that occur in, from, through or under their user names or passwords.
5. Intellectual Property. All documents (including the organization and presentation of such material) included in this web site (the "Documents") are the property of Notes4Uni and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. The Documents many not be uploaded, sold or redistributed through any other mediums, specifically other websites, which are available to of the public. The Documents may only be used for non-commercial, personal or educational purposes. Copyright and other intellectual property notices must be observed at all times. Exploitation, modification, and creation of derivatives of the Documents are prohibited.
6. Eligibility. Through participation in Notes4Uni Services, users ensure that (a) all information submitted to Notes4Uni is true and accurate; (b) the accuracy of such information will be maintained; (c) participants are at least eighteen (18) years of age; and (d) use of the Notes4Uni Services does not breach any applicable law or regulation.
7. Term. Users may terminate membership at any time for any reason by following the instructions at the profile screen. Cessation of membership will end access to Notes4Uni, including opportunities to post more Content and profit from the distribution of any Content provided. Previously posted Content will remain on Notes4Uni unless Notes4Uni, in its sole discretion, decides to remove it. Even after membership ends, all Terms will remain in effect.
8. Password. Passwords must be kept secret. Participants are prohibited from using the account, username or password of any other user at any time or disclosing their password to anybody else. Please notify Notes4Uni immediately if with suspicions of any unauthorized use of, accounts and/or passwords. Each individual alone is responsible for any and all use of his/her account.
9. Non-commercial Use. Notes4Uni Services are for personal use only and not for any commercial purpose. Illegal and/or unauthorized use of the Notes4Uni Services, including collecting information about Publishers by any means in order to send unsolicited email and/or unauthorized framing of, or linking to Notes4Uni, is prohibited. Users agree not to use or launch any automated system, including, without limitation, "robots", "spiders", "offline readers", etc., that accesses Notes4Uni and/or the Notes4Uni Services in a manner that sends more request messages to its 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. However, Notes4Uni does allow operators of public search engines to use spiders to copy materials from Notes4Uni for the sole purpose of creating publicly available searchable indices of the materials, but prohibits the creation of archives of such materials. Users agree not to collect any personally identifiable information, including account names, from Notes4Uni.
10. Proprietary Rights in Notes4Uni Content. Notes4Uni does not claim ownership of the text, files, images, photos, video, sounds, musical works, works of authorship or any other materials that Publishers may post to Notes4Uni. By posting any Content on or through the Notes4Uni Services, Publishers hereby grant to Notes4Uni a non-exclusive worldwide perpetual license to use, modify, publicly perform, publicly display, reproduce and distribute all or part of such Content on and through the Notes4Uni Services and through Notes4Uni and its affiliated entities, other off-line services and products and to charge for access to, and/or use of, Content. Although Notes4Uni will not modify or edit any Content, it does reserve the right to change the format, sizing, and any other display specifications of the Content as Notes4Uni sees fit, which shall be determined in Notes4Uni's sole discretion.
11. License to Notes4Uni is (a) sub-licensable, so Notes4Uni can use affiliates and subcontractors (like internet content delivery networks and service partners and collaborators) to provide some or all Notes4Uni Services, (b) worldwide (because the Internet and the Notes4Uni Services have global reach) and (c) perpetual, so it continues even after you cessation of membership.
12. Users represent and warrant that: (i) each created and is the sole owner of all Content posted to Notes4Uni and all rights in such Content, including, without limitation, copyright and (ii) the posting of Content on or through Notes4Uni will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other monies owing to any third-party for any Content provided by you to Notes4Uni. Users of Notes4Uni agree to exclude from such Content any documents, records or files made accessible to them by (a) your school, professor or other instructor, (b) any board of examination, (c) any author or publisher whose works have been used as part of studies or (d) any co-student.
13. Material. Notes4Uni contains material provided by Notes4Uni, excluding the Content of other Publishers ("Notes4Uni Material"). Notes4Uni Material is protected by intellectual property and other laws, and Notes4Uni owns and retains all rights in the Notes4Uni Material and the Notes4Uni Services. Notes4Uni grants users a limited, personal, revocable, non transferable license to reproduce and display the Notes4Uni Material (excluding any software code) solely for personal educational use. Notes4Uni also contains Content of other Publishers and other third parties. Except for Content posted by Publishers, users agree not to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Notes4Uni Services other than by downloading and printing for personal educational research use alone.
14. Content Posted. Notes4Uni reserves the right to delete any Content that in its sole discretion breaches these Terms, is not up to quality standards or which may be offensive, illegal or violate the rights or harm or threaten the safety of any person. Notes4Uni is not responsible for monitoring the Notes4Uni Services for inappropriate Content or conduct. Notes4Uni assumes no responsibility for Content, no obligation to modify or remove inappropriate Content and no responsibility for the conduct of any user submitting such Content. Participants are alone are responsible for the Content they post on or through any Notes4Uni Services, for any material or information transmitted to other Publishers and for their interactions with other Publishers. Notes4Uni does not endorse or control anybody's. Content is not reviewed by Notes4Uni before posting and does not reflect Notes4Uni's opinions or policies.
15. Content/Activity Prohibited. Below is a non-exhaustive list of Content that is illegal or prohibited by Notes4Uni from being posted on or through the Notes4Uni Services:
(a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person group or animal;
(b) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(c) provides telephone numbers, street addresses, last names, URLs or email addresses;
(d) promotes false or misleading information or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging, "spimming", or "spamming";
(g) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(h) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(i) solicits passwords or personal identifying information for commercial or unlawful purposes from other persons or from anyone under sixteen (16); and
(j) includes a photograph of another person without that person’s consent.
16. Below is a non-exhaustive list of activities that are illegal or prohibited on Notes4Uni through use of the Notes4Uni Services:
(a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
(b) advertising to, or soliciting of, any user to buy or sell any products or services through the Notes4Uni Services;
(c) covering or obscuring any banner advertisements on your personal profile page, or any Notes4Uni page using HTML/CSS or any other means;
(d) interfering with, disrupting, or creating an undue burden on the Notes4Uni Services or the networks or services connected to the Notes4Uni Services;
(e) attempting to impersonate another person;
(f) selling or otherwise transferring a user profile;
(g) using any information obtained from Notes4Uni Services to harass, abuse or harm another person; and
(h) distorting or seeking (individually or in conspiracy with others) to distort of falsify the outputs of Notes4Uni systems or processes designed to determine how many Publishers use your Content or how well Publishers rate your Content. Such distortion or efforts to cause distortion may constitute fraud, attempted fraud or conspiracy to commit fraud.
17. Copyright Policy. Users agree that they will not (using the Notes4Uni Services) post, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information ("Intellectual Property") belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Notes4Uni will terminate membership privileges of any user who infringes the Intellectual Property of others upon receipt of notice to Notes4Uni by or for the rights owner.
18. Disclaimers. Notes4Uni is not responsible for any incorrect or inaccurate Content posted in connection with the Notes4Uni Services, whether caused by Publishers of the Notes4Uni Services or by any of the equipment or programming associated with or utilized in the Notes4Uni Services. Notes4Uni does not guarantee that any Content is correct and accurate and is not responsible for any errors or omissions or for any consequences of the use of such information.
Profiles created and posted by Publishers on Notes4Uni may contain links to other websites. Notes4Uni is not responsible for the Content, accuracy or opinions expressed on such websites and inclusion of any linked website on the Notes4Uni Services does not imply approval or endorsement of the linked website by Notes4Uni. Access third-party sites at your own risk. Notes4Uni takes no responsibility for third party advertisements which are posted on Notes4Uni or through the Notes4Uni Services, nor does it take any responsibility for the goods or services provided by its advertisers. Notes4Uni is not responsible for the conduct, whether online or offline, of any user of the Notes4Uni Services. Notes4Uni assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. Notes4Uni is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the Notes4Uni Services or combination thereof, including any injury or damage to any person’s computer related to or resulting from participation or downloading materials in connection with the Notes4Uni Services. Under no circumstances shall Notes4Uni be responsible for any loss or damage resulting from use of the Notes4Uni Services, attendance at a Notes4Uni event, from any Content posted on or through the Notes4Uni Services (including, without limitation, from any use of or reliance on any such Content) or from the conduct of any Publishers of the Notes4Uni Services, whether online or offline. The Notes4Uni Services are provided "AS-IS" and as available and Notes4Uni expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Notes4Uni cannot guarantee and does not promise that the Notes4Uni Services will always be available and neither can it guarantee or promise any specific results from use of the Notes4Uni Services and in particular does not promise that Publishers' educational exam or course work grades will improve thereby.
19. Limitation on Liability. IN NO EVENT SHALL NOTES4UNI BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM USE OF THE SERVICES, EVEN IF NOTES4UNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOTES4UNI'S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USERS TO NOTES4UNI FOR THE NOTES4UNI SERVICES UP TO THE DATE WHEN THE CAUSE OF ACTION FIRST ARISES.
20. Disputes. If there is any dispute about or involving the Notes4Uni Services, participants agree that the dispute shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland, without regard to conflict of law provisions and agree to exclusive personal jurisdiction and venue in the courts of the United Kingdom of Great Britain and Northern Ireland.
21. Indemnity. Users agree to indemnify and hold Notes4Uni its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the Notes4Uni Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of users’ representations and/or warranties set forth above and/or if any Content posted on Notes4Uni or through the Notes4Uni Services causes Notes4Uni to be liable to another.
22. Other. These Terms and the Privacy Policy are accepted upon use of any Notes4Uni Services. These Terms and the Privacy Policy constitute the entire agreement between the user and Notes4Uni for use of the Notes4Uni Services. The failure of Notes4Uni to exercise or enforce any right or provision of these Terms and the Privacy Statement shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notes4Uni is a valuable trademark for which there are trademark registrations and/or applications for such registrations in a number of territories. These Terms and Privacy Statement operate to the fullest extent permissible by law. If any provision of these Terms and/or Privacy Statement are unlawful, void or unenforceable, that provision is deemed severable from these Terms and/or Privacy Statement and does not affect the validity and enforceability of any remaining provisions.
23. Copyright Violation Claims. If the party asserting rights ("Complaining Party") would like to submit a copyright claim for material on which you hold a bona fide copyright, Notes4Uni requests that the Complaining Party substantiate such claim by providing Notes4Uni with the following information via email to copyright@notes4Uni.com. The words "Copyright Claim" should appear in the subject line. To be considered effective, a notification of a claimed copyright infringement must be provided to Notes4Uni and must include the following information:
A. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
B. 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 on that site.
C. 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 Notes4Uni to locate the material.
D. Information reasonably sufficient to permit Notes4Uni to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
E. A statement that the Complaining Party has 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.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
G. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, Notes4Uni will remove or disable access to the material that is claimed to be infringing.
H. If the Complaining Party provides Notes4Uni with appropriate notification including information reasonably sufficient to permit Notes4Uni to locate and remove or disable the material in question, or includes information concerning repeat infringement, then Notes4Uni will forward the Complaining Party's written notification to such alleged infringer ("Infringer") and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
24. Counter Notification Policy. If a user has received a notice of copyright or trademark infringement, he/she may provide a counter notification ("Counter Notification") by emailing copyright@notes4uni.com, and including the following:
A. An electronic signature.
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
C. A statement under penalty of perjury that he/she has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
D. User name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the courts of the United Kingdom of Great Britain and Northern Ireland, or if the address is outside of the United Kingdom, for any judicial district in which Notes4Uni may be found, and that he/she will accept service of process from the Complaining Party or an agent of such Party.
E. Upon receipt of a Counter Notification, Notes4Uni shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or disable access to it.
25. Repeat Infringers. It is Notes4Uni's policy to provide for the termination, in appropriate circumstances, of Notes4Uni customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
26. Headings. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of these Terms shall control.
27. Entire Agreement. Users agree that these Terms including the policies and agreements it refers to (i.e. our Privacy Policy) constitute the complete and only Agreement between the user and Notes4Uni regarding the Services contemplated herein.
28. Severability. Users agree that these Terms are severable. If any part of these Terms are determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
29. Waiver. The failure of Notes4Uni to enforce any of the provisions of these Terms or its incorporated agreements and policies against users or others shall not be construed to be a waiver of the right of Notes4Uni thereafter to enforce such provisions.
30. Force Majeure. Notes4Uni will make every effort to keep Notes4Uni operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. Users agree not to hold Notes4Uni liable for any of the consequences of such interruptions.
31. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of these Terms, except as expressly provided in this Agreement.