We welcome you to WeblyNote. We encourage you to access our websites and use the WeblyNote service, but please note that such invitation is subject to your acceptance of these Terms of Service. This document details your and our rights regarding the provision of the WeblyNote service, so please read it carefully.
WeblyNote software and other products, services and websites hosted or made available by WeblyNote, including our downloadable applications and various browser extensions, are collectively referred to in these Terms as the "WeblyNote Service". In exchange for being able to use the WeblyNote service, you agree to abide by these Terms.
You, as the account holder, are a contracting party. (The account holder is the natural or legal person who has entered into a contract with WeblyNote.)
It depends on how you interact with the WeblyNote service and our software applications. If you install WeblyNote software on your devices, you may be asked to accept the end user agreement.
These Terms may change as new features, technologies or legal requirements arise; therefore, it is good to review them from time to time. In case of significant changes we will send a notification and, where necessary, we will ask for consent.
In the event that the Terms are updated, you are free to decide whether or not to accept the updated terms or whether to stop using the WeblyNote service altogether (more details in "How an account is closed" below); by continuing to use the service after the entry into force of this update, you agree to be bound by the new Terms. Except for the changes made by us as described in these Terms, no other changes will be considered valid unless established in writing, explicitly indicated as such and duly signed by you and WeblyNote For clarity, an email or other communication does not constitute a written agreement valid for the stated purpose.
First, you need to create a WeblyNote account. To do this, you need to provide an email address and create a password. This represents what we call "Subscriber Basic Information". We encourage you to use a unique and non-obvious password, different from the passwords used for other services. It is your responsibility to provide accurate, complete and confidential basic information about you, as well as all activities carried out with that account, including activities carried out by other people to whom the basic information has been provided. WeblyNote will not be held liable for any loss or damage resulting from failure to provide accurate information or from failure to protect its basic information. Should you discover unauthorized use of your basic information or suspect that someone may have access to your content without authorization, you are required to change your password immediately and notify the customer support team.
You will therefore need to be able to access your account via a browser in the dedicated private area, accessible from computers, tablets and phones. Owning these devices and paying for their data and connectivity plans are your responsibility. WeblyNote is also not responsible for the availability of the Internet and other telecommunications services required to access the WeblyNote service.
By signing up with a Free account, you have 300 actions available which can be divided into: underlining, notes and pins. Where not necessarily they will have to be divided into equal parts, so you can choose to take more notes than the pins rather than the underlines.
These 300 actions will always be available and manipulated by the owner, in the browser extension and in their Private Area, until the user decides to permanently delete their account.
By signing up with a Premium account you have infinite actions available which can be divided into: underlines, notes and pins. Where infinite in this case is attributable to an extremely high number equal to "999999999999" number that we believe can never be reached by any Premium user, therefore for convenience defined as infinite. All of these actions will be available and manipulated as long as the user keeps the Premium version active.
The first 300 actions will always be available and manipulated, in the browser extension and in your Private Area, even if the user were to downgrade to the Free version, while the subsequent actions (Notes, underlines and pins) will only be made viewable and downloadable if the user should downgrade to the Free version.
It would be good not to share WeblyNote accounts. If you share your basic information with someone else, that person may take control of the account and we may not be able to determine who the real owner is. We will have no liability to you (or to those with whom basic subscriber information is shared) for actions taken in these circumstances. Because you have the ability to use WeblyNote for free and because we offer various mechanisms to allow you to share your content with others, we strongly ask that you do not share your personal information with anyone, unless this is done for the purpose of succession planning, as described. right away.
Once you have created your account and accepted the Terms, we grant you a limited, non-exclusive license to use the WeblyNote service in accordance with these Terms, so provided that you are not prohibited from receiving the WeblyNote service under the laws in force and until you voluntarily close your account, or until we close it in accordance with these Terms. In addition, we grant you a personal, internationally valid, royalty-free, non-assignable and non-exclusive license to use the WeblyNote software that has been provided to you by or on behalf of WeblyNote, for the sole purpose of enabling the use of the WeblyNote software and take advantage of the benefits of the WeblyNote service, under any applicable license terms set forth by the WeblyNote software and these Terms, until your rights cease in accordance with such license and / or these Terms. You gain no other right or interest in WeblyNote or the WeblyNote service.
The copyright and any other rights relating to the content already in your possession prior to submission, publication or display on or through the WeblyNote service remain your property. However, you must grant WeblyNote a temporary license, described below, in order to allow WeblyNote to make the data accessible and usable through the WeblyNote service. In addition to this limited license and other rights licensed under these Terms, WeblyNote acknowledges and agrees that it has no right, title or interest in you in your content under these Terms.
In order to allow WeblyNote to operate the WeblyNote service, it is necessary to obtain certain limited license rights from you, which are necessary to process the content protected by intellectual property rights so that the technical actions taken for the operation of the WeblyNote service are not considered legal violations. . For example, copyright laws may prevent us from processing, maintaining, storing, backing up and distributing certain content, unless you grant us those rights. Accordingly, by using the WeblyNote service and uploading content, you grant WeblyNote the license to view, execute and distribute your content and to modify and reproduce such content (for technical reasons, for example to ensure that it can be viewed on smartphones, computer and other devices) to allow WeblyNote to run the WeblyNote service. You also agree that WeblyNote has the right to choose not to accept, post, store, display, post or transmit any content, in its sole discretion.
You agree that such rights and licenses are copyright free, transferable, sublicensable, global and irrevocable (for as long as the content is stored through our service) and that they include WeblyNote's right to make such available. content and to transmit the related rights to other parties with whom WeblyNote has contractual relationships for the provision of the WeblyNote service, exclusively for the purpose of providing such services, and to allow access or disclosure to third parties if WeblyNote determines that such access is necessary to comply with its legal obligations.
If you choose to use third-party services or applications integrated into WeblyNote, you agree that the licenses granted to WeblyNote in accordance with the preceding paragraph also apply to content sent or uploaded through such third-party service or application. If the third party service or application you choose to use involves accessing or extracting your content, you grant WeblyNote the right and license to allow that third party to access and extract the content. WeblyNote assumes no liability with respect to or for the actions or omissions committed by such third party service or application providers.
Since the uploading and distribution of the content is based on your rights, you represent and warrant to WeblyNote (1) that you have unlimited legal rights and the authority to submit your content to WeblyNote to use, publish or otherwise distribute such content thereafter. the use of the WeblyNote service, as well as the rights to grant the rights granted to WeblyNote in accordance with the provisions of these Terms; and (2) that the content complies with our User Guidelines and these Terms.
Finally, you acknowledge and accept that WeblyNote, in carrying out the technical operations necessary to provide the WeblyNote service to its users, may make changes to your content if this is necessary to adapt it and make it compliant with the technical requirements of connection networks, devices, services or supports.
Yes. Your use of the service must comply with these Terms. In relation to the use of the WeblyNote service, you agree to be responsible for your conduct and everything that happens with your account. You agree to protect your password and keep your basic information up to date. You also agree not to share your account credentials and not to give your account to others. Consequently, all content created, transmitted, stored or viewed in your account is the sole responsibility of the person who created the content or who posted it to the WeblyNote service. This applies whether the content remains private, whether it is shared or transmitted through the WeblyNote service or any third party application or service integrated into the WeblyNote service. If we become aware of content that does not comply with our Terms of Service (including content that infringes another person's intellectual property or confidentiality rights), we reserve the right to unsubscribe or completely remove such content.
Yes, and they are described here:
RIGHTS ON CONTENT.
Although the content stored in the WeblyNote service is your property (and subject to the rights of third parties), you acknowledge and agree that WeblyNote, together with its licensors, owns all legal rights, title and interest in the service WeblyNote, including but not limited to all software that is part of the WeblyNote service and all WeblyNote software.
DIRITTI DI PROPRIETÀ INTELLETTUALE.
By accepting these Terms, you also agree that the rights attached to the WeblyNote service and software, including all intellectual property rights such as trademarks, patents, designs and copyrights, are protected by copyright, trademark, patent, trade secret or other laws. laws, regulations and treaties in addition to these Terms and any other separate Agreements. In particular, you agree not to modify, create derivative works, decompile or attempt to extract the source code from any WeblyNote software, unless you are expressly authorized to do so under an open source license, permission given in writing or unless permitted by law regardless of this prohibition.
RIGHT TO CHANGE THE WeblyNote SERVICE.
WeblyNote holds the right to implement, in its sole discretion, new elements as part of the WeblyNote service or as ancillary elements, including changes that may affect the previous way the WeblyNote service or software worked. These changes are intended to improve the WeblyNote service in its entirety, but it is possible that this does not coincide with your interests. WeblyNote also reserves the right to set limits on certain features based on factors such as the device, operating system and / or client in use, the nature or size of the storage space made available, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library, the nature or ability to access and distribute the content and other data on an ongoing basis, as well as the right to set other limitations at any time, with or without giving notice. For example, users of a free version of WeblyNote do not enjoy all the benefits offered to subscribers to paid WeblyNote services.
You further acknowledge that various measures taken by WeblyNote may limit or prevent access to your content or use of the service at certain times and / or similarly, for limited periods of time or permanently, and you agree that WeblyNote has no responsibility for such actions or results, including, without limitation, for the deletion of the content or the inability to make it available to you. You agree that WeblyNote cannot be held liable to you or any third party for any changes, suspensions or discontinuations of any portion of the WeblyNote service. However, if you have subscribed to a paid service and believe that such changes or discontinuation of the paid service are having a negative impact, you can contact our customer support team, explain the impact caused by the change and, if you wish, request the termination of the paid service. Once we receive this request, we will undertake to promptly remedy the negative impact caused by the change, to extend the duration of the subscription to the paid service for a period of time equal to the duration of the interruption and / or refund part of the cost. of subscription to the paid service equivalent to the remaining unused period of time of the subscription, depending on what we deem appropriate or that may be required by applicable law.
RIGHT TO INVOLVE THIRD PARTIES.
RIGHT TO USE THIRD PARTY SOFTWARE.
Occasionally, WeblyNote may integrate applications provided by third parties, used under license from their respective licensors and / or copyright holders, into the WeblyNote service and its software under the terms established by such parties. WeblyNote offers information about some of these third-party software here and specific WeblyNote software. WeblyNote expressly disclaims warranties of any kind to you with respect to such third party software.
RIGHT TO UPDATE WeblyNote SOFTWARE.
With respect to any modification of the WeblyNote service, WeblyNote may from time to time automatically download software updates to users' computers and devices for the purpose of improving, perfecting, correcting and / or further developing the service. WeblyNote undertakes to give you the right to choose whether or not to install this update; under certain circumstances, however (such as where there are security risks), WeblyNote may require you to install the update to continue accessing the WeblyNote service. In any case, you agree to receive such updates from WeblyNote as part of the use of the WeblyNote service.
What actions does WeblyNote take if copyright or other intellectual property rights are infringed? We respond to notifications of alleged copyright or trademark or other intellectual property rights infringement that are clear and complete and that meet the requirements set out in these Terms (which we believe comply with the United States Digital Millennium Copyright Act and other laws applicable). If you believe your intellectual property rights have been infringed, notify our compliance team based on the instructions provided in our Intellectual Property Rights Compliance Program; your notification will be processed in accordance with our policies and as required by law. WeblyNote Accounts that are found responsible for repeat infringements as set forth in the WeblyNote Repeat Infringement Policy will, under certain circumstances, be terminated to comply with those policies. Please note that each intellectual property owner is responsible for protecting their rights and is required to take any legal and other measures deemed necessary for the purpose; WeblyNote does not agree to undertake any obligation with respect to any specific action aimed at enforcing or protecting the intellectual property rights of third parties on their behalf.
You can deactivate your account linked to our WeblyNote service at any time, for any reason or for no reason whatsoever. If you have subscribed to a paid service, you will need to cancel it.
WeblyNote may intervene to temporarily restrict your use of the WeblyNote service, to suspend access to your account or to close it, with or without notice in accordance with these Terms. Reasons that may require WeblyNote to suspend or terminate your account include, but are not limited to: (i) breach of these Terms (including User Guidelines) or any separate Agreement , (ii) an extended period of inactivity (determined in WeblyNote's sole discretion), (iii) failure to pay any fees or other sums due to WeblyNote or any other party in connection with the use of the WeblyNote service, (iv) l 'interruption or material modification of the WeblyNote service (or any part thereof) or (v) unexpected technical or security problems or unsupported prolonged use.
In most cases, if WeblyNote decides to close your account, we will send a notice at least 30 days in advance by email to the address you provided, so that you can retrieve any content stored on the WeblyNote service servers (except if we agree that we do not have the right, by law, to send such notification or to allow you to do so). After the notification period expires, you will no longer be able to retrieve the content stored in that account or otherwise use the WeblyNote service through that account.
WeblyNote continues to strive to protect the privacy of User Content even after your death or supervening incapacity. If you want to give others access to your Content or your account data when you can no longer do so, you need to implement a process to provide them with that information. WeblyNote will not provide any such information or user content to anyone, not even a very close family member, unless we are required to do so by law. We encourage you to enter your basic information and instructions on how to access your Content in your will or probate document so that anyone who wants to access your account can have the means to do so.
If you send WeblyNote ideas, suggestions, documents and / or proposals relating to the WeblyNote service (or other products or services) through the "Contact Us" page, the user forum or support interfaces or through other channels or mechanisms (in the together, the "Contributions"), you acknowledge and agree that: (i) the contributions must not contain confidential and proprietary information; (ii) WeblyNote has no obligation of confidentiality, express or implied, with respect to contributions; (iii) WeblyNote shall have the right to use or disclose (or to choose not to use or disclose) such contributions, in any way; (iv) WeblyNote may have already considered or started developing something similar to the contributions; (v) your contributions automatically become the property of WeblyNote without any obligation to you by WeblyNote; and (vi) you are not entitled to receive explanations, compensation or refunds of any kind from WeblyNote under any circumstances.
Some advertisements or messages provided by WeblyNote may be based on information provided by third parties, and WeblyNote will not be liable for any loss or damage of any kind incurred by you as a result of advertisements or other messages. Additionally, your interactions with advertisers, on or through the WeblyNote service, including, without limitation, all ad uses, all business transactions and all associated legal obligations, are solely between you and those advertisers.
THIRD PARTY LINKS, CONTENT AND PROGRAMS.
We may include or recommend third party resources, materials and developers and / or links to third party websites, content and applications within or in connection with the WeblyNote service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) WeblyNote is not responsible for the availability of such external sites, applications or content; (ii) WeblyNote is not responsible for any content or other material or services available through such sites or applications and (iii) WeblyNote shall not be held responsible, directly or indirectly, for any damage or loss caused, actually or potentially, or related to use of such content, materials or applications.
SERVICES WITH EARLY ACCESS.
We may offer you the opportunity to access features in advance or with early access ("Early Access Services"). If you choose to access and use any early access service, you agree that: (i) you are responsible for any use and access to the early access services originating from your account; (ii) the early access services (including any feature names) are owned by WeblyNote; and (iii) the early access services are experimental, not yet released, and therefore may not perform as intended.
Any feedback and other information provided by you or derived from WeblyNote in connection with the Early Access Services may be used by WeblyNote to improve or refine the WeblyNote Service, and WeblyNote shall have a non-exclusive, perpetual, irrevocable, royalty-free, and non-exclusive right and license. worldwide to use, modify and otherwise exploit such feedback and information without limitation, provided that the public disclosure of such feedback or information identifiable with you is only by virtue of a mutual agreement between you and WeblyNote.
If you choose to use the Early Access Services, you agree that WeblyNote will have no obligation to support you or provide you with any support services relating to the Early Access Services or any updates thereto, although we may make such services available in our sole discretion. You also agree that the Disclaimer, Limitation of Liability and Disclaimer of Warranties and Exclusions and Limitations sections below will also apply to early access services.
DISCLAIMER OF LIABILITY.
You agree to indemnify WeblyNote and its respective subsidiaries, affiliates, directors, agents, employees, advertisers, service providers and other partners with respect to any disputes, claims, damages (actual and consequential), losses and expenses (including legal and professional) arising from or in any way associated with any third party claims regarding your use of any component of the WeblyNote service, any violation of these Terms of Service or any other action related to your use of the WeblyNote service ( including all operations carried out with your account). If such a claim occurs, WeblyNote will endeavor to notify you of the claim, cause or legal action using the contact information in its possession, provided that failure to notify does not eliminate or reduce your indemnification obligations under the these Terms.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
To the extent permitted by law, the WeblyNote service is available "as is".
YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT:
EXCLUSIONS AND LIMITATIONS.
NO PART OF THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITIONS, WARRANTIES, RIGHTS OR LIABILITIES THAT MAY NOT BE EXCLUDED OR LIMITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY CAUSED BY ACTS OF MAL FAITH, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY LIMITATIONS OF LIABILITY OR OTHERWISE CONSIDERED LEGAL IN YOUR JURISDICTION, IF ANY, WILL APPLY AND WEBLYNOTE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
This is another reason why it is important that your basic information is accurate, complete and up to date. We may send notices regarding the affected WeblyNote service by email (to the address associated with your account), by regular mail or by posting on the website (s).
Unless a different method of communication or address is specifically stated in these Terms or any separate Agreement, all communications must be sent to WeblyNote by email at firstname.lastname@example.org or email@example.com. This address may be changed in the course of a possible update to these Terms of Service.
A couple of last important points. First, these Terms represent the entire agreement between you and WeblyNote and govern your use of the WeblyNote service, except and only to the extent that you have entered into a separate Agreement. These Terms take precedence over any prior agreements or previous versions of these Terms and are entered into between you and WeblyNote for use of the WeblyNote service on the Effective Date indicated above. If you use or obtain from a third party any product or service as a result of accessing or using the WeblyNote service, you may also be subject to that third party's applicable terms and conditions and these Terms will not affect the relationship in any way. legal with it.
You therefore acknowledge and agree that each WeblyNote affiliate is considered a third party beneficiary of these Terms and that such other companies will have the right to rely on and directly enforce any provision of these Terms that gives them an advantage or right. Under these Terms, no other person or company can be considered a third party beneficiary except as provided herein.
The current version of WeblyNote, or WeblyNote Beta, will not yet be able to guarantee 100% the correct functioning of all its parts/features, as it is still under development and improvement. However, we will try to ensure the best possible experience.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
In the event of a conflict, the Italian language version has priority.