Terms of Service
By using this service, you agree not to hold FoldedNote liable for any damage related to content in messages of the identification of users.
ALL LIABILITY FOR MESSAGE CONTENT REMAINS WITH THE AUTHOR OF EACH MESSAGE.
ALL MESSAGES ARE READ AT THE RISK OF THE READER.
FOLDEDNOTE MAKES NO GUARANTEES FOR IDENTITY PROTECTION.
FoldedNote strictly forbids the use of this system for illegal activity. FoldedNote reserves the right to report suspicious activity to legal authorities. FoldedNote also reserves the right to cooperate with criminal and non-criminal investigations regarding messages sent through this system.
1. Accepting the Terms
1.1 By using the services for FoldedNote, you implicitly accept the Terms of service. In this case, you understand and agree that FoldedNote will treat your use of the services as acceptance of the Terms of service.
2. Use of services
2.1 FoldedNote is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which FoldedNote provides may change from time to time without prior notice to you.
2.2 As part of this continuing innovation, you acknowledge and agree that FoldedNote may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at FoldedNote’s sole discretion, without prior notice to you. You may stop using the services at any time. You do not need to specifically inform FoldedNote when you stop using the services.
2.3 You acknowledge and agree that if FoldedNote disables access to your account or removes your information, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.
2.4 You acknowledge and agree that while FoldedNote may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by FoldedNote at any time, at FoldedNote’s discretion.
2.5 In order to access certain services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services. You agree that any registration information you give to FoldedNote will always be accurate, correct and up to date.
2.6 You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
2.7 You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by FoldedNote, unless you have been specifically allowed to do so in a separate agreement with FoldedNote. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the services.
2.8 You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
2.9 Unless you have been specifically permitted to do so in a separate agreement with FoldedNote, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
2.10 You agree that you are solely responsible for (and that FoldedNote has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which FoldedNote may suffer) of any such breach.
2.11 You agee not to use the service for any illegal activity or as a precursor for future illegal activity. FoldedNote may elect to remove and specifically retain any messages that are suspect or requested for legal investigations. FoldedNote reserves the right to report suspicious activity to legal authorities.
3. Privacy and your personal information
3.2 You agree to the use of your data in accordance with FoldedNote’s privacy policies.
4. Content in the services
4.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
4.2 FoldedNote reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service. For some of the services, FoldedNote may provide tools to filter out explicit sexual content or illegal activity.
4.3 You understand that by using the services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk.
4.4 You agree that you are solely responsible for (and that FoldedNote has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which FoldedNote may suffer) by doing so.
5. Proprietary rights
5.1 You acknowledge and agree that FoldedNote own all legal right, title and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the services may contain information which is designated confidential by FoldedNote and that you shall not disclose such information without FoldedNote’s prior written consent.
5.2 Unless you have agreed otherwise in writing with FoldedNote, nothing in the Terms gives you a right to use any of FoldedNote’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
5.3 Other than the limited license set forth in Section 11, FoldedNote acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with FoldedNote, you agree that you are responsible for protecting and enforcing those rights and that FoldedNote has no obligation to do so on your behalf.
5.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the services.
5.5 Unless you have been expressly authorized to do so in writing by FoldedNote, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
6. EXCLUSION OF WARRANTIES
6.1 NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT FOLDEDNOTE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
6.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOLDEDNOTE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
6.5 FOLDEDNOTE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
7.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOLDEDNOTE SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR (PERSONAL OR BUSINESS) REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) EXPOSURE OR KNOWLEDGE OF INFORMATION THAT IS READ OR WRITTEN THROUGH THE SERVICES;
(II) PERSONAL IDENTIFICATION AND ASSOCIATION WITH MESSAGES SENT OR RECIEVED THOUGH THE SERVICES;
(III) THE RELEASE OF PERSONAL INFORMATION DUE TO DATA THEFT OR MALICOUS SOFTWARE;
(IV) ANY CHANGES WHICH FOLDEDNOTE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(V) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(VI) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(III) YOUR FAILURE TO PROVIDE FOLDEDNOTE WITH ACCURATE ACCOUNT INFORMATION;
8.1 Some of the services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the services, queries made through the services or other information.
8.2 The manner, mode and extent of advertising by FoldedNote on the services are subject to change without specific notice to you.
8.3 In consideration for FoldedNote granting you access to and use of the services, you agree that FoldedNote may place such advertising on the services.
9. Other content
9.1 The services may include hyperlinks to other web sites or content or resources. FoldedNote may have no control over any web sites or resources which are provided by companies or persons other than FoldedNote.
9.2 You acknowledge and agree that FoldedNote is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that FoldedNote is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10. Changes to the Terms
10.1 FoldedNote may make changes to the Terms of service from time to time.
10.2 You understand and agree that if you use the services after the date on which the Terms of service have changed, FoldedNote will treat your use as acceptance of the updated Terms of service.
11. General legal terms
11.1 Sometimes when you use the services, you may (as a result of, or through your use of the services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
11.2 The Terms constitute the whole legal agreement between you and FoldedNote and govern your use of the services (but excluding any services which FoldedNote may provide to you under a separate written agreement), and completely replace any prior agreements between you and FoldedNote in relation to the services.
11.3 You agree that FoldedNote may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the services.
11.4 You agree that if FoldedNote does not exercise or enforce any legal right or remedy which is contained in the Terms (or which FoldedNote has the benefit of under any applicable law), this will not be taken to be a formal waiver of FoldedNote’s rights and that those rights or remedies will still be available to FoldedNote.
11.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
July 9, 2009