1. Acceptance of Terms
By using or accessing this Website ("Notearama", “Site”, or “Service”), you agree to be bound by these Terms of Use (the "Terms"). If you do not agree to these Terms, you may not use Notearama.
2. Description of Notearama
Notearama is an information sharing platform where users can submit, share, and access information (the "Content"). Notearama is not a moderated forum and does not endorse or guarantee the accuracy, completeness, or usefulness of any Content.
3. User Conduct
You agree to use Notearama in a manner that is lawful, respectful, and non-discriminatory. You agree not to use Notearama to:
a. Submit or share Content that is false, misleading, or defamatory.
b. Submit or share Content that is hateful, violent, or obscene.
c. Submit or share Content that infringes on the intellectual property rights of others.
d. Submit or share Content that is illegal or promotes illegal activity.
e. Harvest or collect personal information from other users.
f. Spam or solicit other users.
4. User Registration
In order to access certain features of Notearama, you may be required to register and create an account. When you register for an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your account.
5. User Content
You retain all rights to the Content you submit or share on Notearama. However, by submitting or sharing Content, you grant Notearama a non-exclusive, worldwide, irrevocable, royalty-free license to reproduce, adapt, modify, translate, publish, distribute, and display the Content. You also agree that other users of Notearama may access and use your Content in accordance with these Terms.
6. Intellectual Property
Notearama and its Content are protected by copyright, trademark, and other intellectual property laws. You are granted a non-exclusive, non-transferable, revocable license to access and use www.notearama.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Notearama that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Notearama or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Notearama content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Notearama and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Notearama or our licensors except as expressly authorized by these Terms.
You agree not to copy, distribute, modify, or create derivative works of Notearama or its Content without the prior written consent of Notearama. Notearama respects the IP rights of others and does not tolerate the infringement of IP rights on its platform. If you believe that your IP rights have been infringed upon by User-Generated Content or Third-Party Content on Notearama, please notify Notearama immediately by submitting a DMCA Notification. Notearama will promptly review and take appropriate action in response to any valid takedown notice.
DMCA Notification
Notearama responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide Notearama’s designated agent with the following written information:
a. A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
d. Your contact information, including your address, telephone number, and an e-mail address;
e. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
f. 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 copyright owner.
Notearama’s designated agent is:
Notearama
Legal Department
PO Box 301563
Escondido, CA 92027
Email: david@notearama.com
You can obtain further information from the Copyright Office’s website at https://www.copyright.gov/dmca/.
Notearama will respond to notifications of claimed copyright infringement in accordance with the DMCA.
Counter Notification
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to NOTEARAMA’s designated agent with the following written information:
You can obtain further information from the Copyright Office’s websiteat
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 you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Notearama may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Notearama will respond to counter notifications in accordance with the DMCA.
7. Use of Communication Services
The Site provides various online facilities for users to interact and share information, including notebooks, messages, bulletin boards, chat rooms, newsgroups, forums, online communities, personal web pages, and other messaging or communication tools. These facilities, collectively known as "Communication Services," are designed to facilitate communication among users and with the wider public. Users agree to utilize the Communication Services solely for the purpose of posting, sending, and receiving appropriate and relevant messages and materials.
To ensure a respectful and appropriate online environment, users agree to refrain from engaging in the following activities while utilizing the Communication Services:
a. Defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights of others, including their rights to privacy and publicity.
b. Posting, uploading, distributing, or disseminating inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
c. Uploading files containing software or other material protected by intellectual property laws or rights of privacy and publicity without proper ownership or authorization.
d. Uploading files containing viruses, corrupted files, or other harmful software or programs that could damage the operation of another user's computer.
e. Engaging in advertising or soliciting the sale or purchase of goods or services for any commercial purpose, unless explicitly permitted by the Communication Service.
f. Conducting or forwarding surveys, contests, pyramid schemes, or chain letters.
g. Downloading files posted by other users that are known or reasonably believed to be illegally distributed.
h. Falsifying or deleting author attributions, legal notices, proprietary designations, or labels of the origin or source of uploaded software or material.
i. Restricting or inhibiting any other user from using and enjoying the Communication Services.
j. Violating any code of conduct or other guidelines applicable to a specific Communication Service.
k. Harvesting or otherwise collecting personal information, including email addresses, from others without their consent.
l. Violating any applicable laws or regulations.
Notearama has no obligation to monitor the Communication Services. However, Notearama reserves the right to review materials posted to its Communication Service and to remove any materials in its sole discretion. Notearama reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Notearama reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Notearama's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Notearama does not control or endorse the content, messages or information found in its Communication Service and, therefore, Notearama specifically disclaims any liability with regard to its Communication Services and any actions resulting from your participation in its Communication Service. Notearama Publishers are not authorized Notearama spokespersons, and their views do not necessarily reflect those of Notearama.
Notearama does not claim ownership of any materials you provide, including feedback, suggestions, or any content you post, upload, or submit to the Notearama website or its associated services. However, by submitting your content, you grant Notearama and its affiliates a non-exclusive, royalty-free license to use your submissions in connection with their online services. This includes the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your submissions. Additionally, Notearama may publish your name in connection with your submissions. You will not receive any compensation for the use of your submissions, as agreed upon in these terms. Notearama is not obligated to post or utilize any submissions you provide and may remove any submissions at its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
8. Third-Party Website and Content
Notearama may contain links to third-party websites. Notearama is not responsible for the content or privacy practices of any third-party website. You should review the terms of use and privacy policies of any third-party website before using it. Notearama may contain content from third-party sources ("Third-Party Content"). Third-Party Content is protected by the copyright and other IP rights of its respective owners. Users are not permitted to copy, distribute, modify, or create derivative works of Third-Party Content without the prior written consent of the copyright holder.
9. Disclaimer of Warranties
NOTEARAMA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOTEARAMA DOES NOT WARRANT THAT NOTEARAMA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT NOTEARAMA IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT SHALL NOTEARAMA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE NOTEARAMA, EVEN IF NOTEARAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to indemnify, defend, and hold harmless Notearama, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with your use of Notearama or your violation of these Terms.
12. Termination
Notearama may terminate your account or access to Notearama at any time, for any reason, without notice. You may terminate your account at any time by signing in to your account and cancelling it, or by contacting Notearama.
13. General Provisions
These Terms constitute the entire agreement between you and Notearama and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. These Terms may be modified by Notearama at any time by posting updated Terms on Notearama. You agree to review the Terms regularly and to be bound by the most recent version. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms shall be resolved exclusively in the courts of the State of California.
14. Contact Us
If you have any questions about these Terms, please contact us.
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