TERMS OF USE

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By using or accessing the jotable.com website or using the service made available by Jotable (the “Service”) you agree to be bound by these terms of use (“Terms of Use”). The Service is owned and provided to you by Costory, LLC, an Ohio limited liability company (“Jotable”). THESE TERMS OF USE CREATE LEGAL RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND JOTABLE. IF YOU DO NOT AGREE TO BE BOUND THESE TERMS OF USE, DO NOT USE OR ACCESS THE SERVICE.

VIOLATING THESE TERMS OF USE MAY, IN JOTABLE’S SOLE AND ABSOLUTE DISCRETION, RESULT IN TERMINATION OF YOUR JOTABLE ACCOUNT.

The Service permits and encourages users to post “stories” consisting of photos, data files, text and text files, information, user names, images, graphics, profiles, works of authorship, compilations, and links to other content or materials (collectively “User Content”). Once a story consisting of User Content is created and posted, it can be dynamically enhanced by other users in a collaborative manner by posting their own User Content which corresponds or relates to, and is generally consistent with, the original story subject matter. Users can also comment upon stories posted by you (and others) and follow your user profile. If you do not desire your User Content to become a part of such a dynamic, multi-user compilation environment, you should not post or attempt to post your User Content to the Service (either by creating a story or by posting your User Content to an existing story).

You understand and agree that Jotable cannot and will not be responsible for User Content posted to the Service. You use the Service at your own risk.

Basic Terms

Property Rights

Disclaimer of Warranties

The Service, together with all included content, are provided on an “as is”, “as available” and “with all faults” basis without any representation, warranty or endorsement of any kind, whether express or implied. JOTABLE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES AND INTEGRATION, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SERVICE, JOTABLE CONTENT, THIRD PARTY CONTENT, USER CONTENT OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOTABLE OR TO THE SERVICE.

JOTABLE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOTABLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY JOTABLE CONDUCT, USER CONTENT OR THIRD PARTY CONTENT ON OR COMPRISING THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT. IN NO EVENT SHALL JOTABLE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JOTABLE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRRAPARABLE OR OF A TYPE OR CHARACTER THAT WOULD ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY INTERNET WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY JOTABLE AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, EXHIBITION, MARKETING, OR EXPLOITATION OF ANY SUCH INTERNET WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT.

JOTABLE IS NOT RESPONSIBLE FOR THE CONTENT, ACTIONS, INACTIONS, INFORMATION OR DATA OF THIRD PARTIES AND YOU RELEASE JOTABLE, TOGETHER WITH ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND PERMITTED ASSIGNS FROM ANY CLAIMS OR DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You agree to indemnify, defend and hold Jotable, together with its directors, managers, officers, employees, agents and permitted assigns harmless from and against any claims, liabilities, losses, expenses (including attorney’s fees and costs), or damages of any other kind or nature, arising out of or connected with, as a result of your use or benefit from the Service: (i) User Content you submit to the Service; (ii) your access to and use of the Service; (iii) your breach or alleged breach of these Terms of Use; (iv) your violation of any third-party intellectual property, privacy or other, rights; (v) your violation of any laws, regulations, rules, or governmental orders; or (vi) any misrepresentation made by you. You will cooperate as fully required by Jotable in the defense of any claim.

Choice of Law; Venue

These Terms of Use shall be governed by the laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court located in Franklin County, Ohio for any claim arising out of your use of the Services.

Miscellaneous

Updated: March 22, 2014