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.
Copyright Violations. Jotable respects the intellectual property rights of others and expects users to do the same. It is Jotable’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Jotable will respond as soon as possible to claims of copyright infringement committed using the Service that are reported using Jotable’s “report issue” procedure (accessed within the Service). If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following the “report issue” procedure within the Service. Upon receipt of the report as described below, Jotable will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Service.
In accordance with the DMCA, your report should (a) identify the copyrighted work that you claim has been infringed.; (b) identify: (i) the material that you claim is infringing and that is to be removed (or access to which is to be disabled) and information reasonably sufficient to allow Jotable to locate the material, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the jotable.com website where such reference or link may be found; (c) provide your mailing address, telephone number, and, if available, email address; (d) provide your full legal name and electronic signature; and (e) include or acknowledge both of the following statements in the body of the notice:
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.
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.
Updated: March 22, 2014