IMPORTANT NOTICE: The English text of the Terms & Conditions and Privacy & Cookies Policy constitute the sole authentic text and is the contracting language between Notegraphy and their users, regardless of the language the application is translated into. By signing-in or signing-up to Notegraphy implies that you have read and agreed to our Terms & Conditions and Privacy & Cookies Policy in English.
This Terms and Conditions of Use (hereinafter the "T&C" or “the Agreement”) is between you (hereinafter “the User”) and NOTEGRAPHY, S.L with office located at Badajoz St 127 Nave 3 and 4 Barcelona 0818, owner of the copyright rights on the text editor platform NOTEGRAPHY (hereinafter “the App”). BY USING NOTEGRAPHY PLATFORM, EITHER BY SMART PHONE, TABLET, COMPUTER OR ANY OTHER DIGITAL DEVICE, YOU ACCEPT AND AGREE TO THESE T&C AS APPLIED TO YOUR USE OF NOTEGRAPHY PLATFORM AND SERVICES.
By “NOTEGRAPHY” or “NOTEGRAPHY PLATFORM” we shall understand a digital platform that offers Users, engaging a digital device (i.e: computer, smartphone, tablet, etc), a text editor tool to customize Users text using predefined graphic collections (hereinafter “NOTEGRAPHY SERVICES”).
User agrees to create its own identification codes for purposes of accessing NOTEGRAPHY Services. User agrees that individual identification codes may only be used by NOTEGRAPHY Authorized User and may not be shared with or used by any other person, including other Authorized Users. User agrees to promptly notify any unauthorized access including lost, stolen, compromised or misused of its individual identification codes.
NOTEGRAPHY Services allow User to create and save its own customized notes and to publish them in social public networks such as facebook, twitter, instagram, among others. User understands and agrees that: (a) customized notes shall be under the exclusive control and responsibility of its creator; and (b) NOTEGRAPHY shall not monitor or control the content of customized notes; (c) User is solely responsible for the content and use, including third parties use, of their respective notes.
Authorized User is solely responsible for securing or saving the content of its respective notes before the expiration of NOTEGRAPHY session. NOTEGRAPHY has no obligation to provide the content of customized notes in any digital platform different than NOTEGRAPHY.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork collections and computer code, including the “look and feel” and arrangement of such Content contained on NOTEGRAPHY platform is owned by NOTEGRAPHY or NOTEGRAPHY designers, and is protected by intellectual property rights and unfair competition laws. Except as expressly provided in this Agreement, no part of NOTEGRAPHY platform and no Content may be copied, reproduced, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without NOTEGRAPHY express prior written consent.
User acknowledges that all images and graphic collections available to NOTEGRAPHY Users are copyright material protected by intellectual property rights owned by Collections designers. It is strictly forbidden to usurp upon the ownership of any of the images and graphic collections offered by Notegraphy to users. User is allowed to use Collection material within the scope and limitations of this Agreement.
User license allows User to shape any text with selected Collections. User, as sole owner of customized notes resulting from NOTEGRAPHY Services, shall assume all liability arising out of customized notes use, including use by third parties.
NOTEGRAPHY grants the User the right to share and distribute in any public network its customized notes engaging a digital device. User is solely and exclusively responsible for the content published, delivered or submitted to other Users by any format.
For all other uses not specified above, that include but are not solely limited tousing NOTEGRAPHY to create customized notes for commercial purposes (for example, logotypes, business cards etc.), the User agrees to clearly display the following text alongside the customized note: “Made using Notegraphy”. In case of doubt please contact firstname.lastname@example.org.
User shall use good business judgement and avoid inappropriate language, conduct or behaviour.
User shall not while using NOTEGRAPHY platform and services:
a) use NOTEGRAPHY Services to participate in email groups, chat rooms, postings or other electronic communications that are unauthorized or unlawful such as unsolicited mass email or chain letters.
b) use NOTEGRAPHY Services to post in any private or public network any unlawful or misleading information or any inappropriate, defamatory, libellous, pornographic, obscene or offensive content.
c) use NOTEGRAPHY Services to threaten or intimidate third parties or for harassing purposes
d) insert any false or misleading advertising, branding or promotional content that may violate applicable law governing commercial communications and fair practices (antitrust regulation)
e) use NOTEGRAPHY Services in violation of any third party's intellectual property or other proprietary or legal rights;
f) use NOTEGRAPHY Services to post, upload or transmit data and/or images that may contain or link to viruses, adware, spyware or other malware or malicious or corrupt code.
g) use NOTEGRAPHY Services to create links, pointers or frames in any manner that implies that NOTEGRAPHY sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses a third party site or content thereon, or that any such site is authorized to use any trademark, trade name or logo of NOTEGRAPHY
h) use NOTEGRAPHY Services in violation of any applicable law.
i) use NOTEGRAPHY to create any type of merchandising or physical product that is destined for sale to the general public or third parties without prior permission and specific agreement from NOTEGRAPHY. Please contact email@example.com for more details.
NOTEGRAPHY does not guarantee that NOTEGRAPHY content and services are private or secure. To that respect, NOTEGRAPHY is not liable for any lack of privacy or security User may experience. User is fully responsible for taking precautions and providing security measures best suited for User situation and intended use of NOTEGRAPHY platform. User is the sole responsible for the content and consequences of any of User activities carried out using NOTEGRAPHY Services including the submission of any communication or material to public or private electronic or web networks (chat rooms, message boards, blogs, social networks such as facebook/ twitter, instagram as well as any communication via email, sms o whatsapp). User shall be solely responsible for User own submitted Materials and the consequences of posting, uploading or otherwise publishing or distributing them.
NOTEGRAPHY makes no representations as to the quality or efficiency of NOTEGRAPHY Services neither provides an error-free platform.
User should not rely on any information or advice contained in messages received from other NOTEGRAPHY Users. The opinions and other information or advice obtained via NOTEGRAPHY Services do not reflect the opinions or positions of NOTEGRAPHY.
NOTEGRAPHY assumes no responsibility and shall not be liable for any damages to or viruses that may infect User computer, equipment, wireless or mobile device on account of your access to, use or loading of any material into NOTEGRAPHY platform.
User agrees to indemnify, defend and hold NOTEGRAPHY harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of User use of NOTEGRAPHY Services or User breach of this Agreement, including, without limitation, attorneys' fees and costs. User shall cooperate as fully as reasonably required in the defense of any claim.
NOTEGRAPHY may terminate, change, suspend, impose limits on, or discontinue any aspect of NOTEGRAPHY services or certain features thereof at any time without any liability. NOTEGRAPHY Users will be previously informed of such changes in NOTEGRAPHY platform and at registration page, prior to User data submission.
Your Ability to Edit Your Information
You can access and edit your account information through NOTEGRAPHY. You can also opt out of receiving future messages via email, but we reserve the right to continue to send you certain communications relating to NOTEGRAPHY, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that this Agreement shall remain in full force and effect. These terms and conditions constitute the entire agreement between User and NOTEGRAPHY with regard to NOTEGRAPHY access and use.
This Agreement shall be governed by the laws of Spain. User also agrees to submit to Spain Courts any dispute or conflict arising out of this Agreement.
NOTEGRAPHY does not represent that NOTEGRAPHY content and Services are appropriate or available for use in other countries. Individuals who choose to use NOTEGRAPHY services from other locations do so on their own initiative, and are responsible for compliance with local laws.