Terms and Conditions of Service
December 14, 2016
Thank you for using My Digital Catalog.
Please read these Terms carefully. By using My Digital Catalog, or signing up for an account, you are agreeing to these Terms; and you understand this is a binding legal agreement.
We will begin with a few definitions that should help you understand this agreement. Notes2Bucks LLC can be referred to as: “Notes2Bucks LLC”, “Notes2Bucks”, “N2B”, “us”, or “we”). N2B’s offerings include, but are not limited to, My Digital Catalog and other proprietary services, and offerings. Both N2B and any offering of N2B, has employees, independent contractors, and representatives. These are called: “Our Team.”
My Digital Catalog is a copyright information management system. It is provided through software, applications, and other methods to come that may get invented, and is accessed through a variety of methods including computer and apps and mobile devices and downloads at one or more internet sites that could change from time to time.
The software allows systematic collection of copyright information for your intellectual property, as well as other legal and business information necessary to track, sell, place, and license your intellectual property throughout your industry.
My Digital Catalog is owned and operated by Notes2Bucks, LLC, a Georgia limited liability company.
When you complete the account registration process, you become a customer of any service or application N2B offers, this agreement considers you a “Member.” Member can also be called: “you” or “your.”
When you complete the account registration process for, or if you act as a representative of, a corporate entity that’s our customer, this agreement considers you a “Member.” Member can also be called: “you” or “your.”
If after reading these Terms you have any questions, please contact us at firstname.lastname@example.org.
You acknowledge and agree that by:
clicking on the “ACCEPT TERMS” button
registering for an account,
downloading the application or any application upgrades,
using the application on your computer, tablet, or mobile device,
or accessing or using any service offered by N2B,
or by downloading, submitting or posting any content from, or on, or through any N2B service,
you are indicating you have read, understand, and agree to be bound by these terms of service. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant (that means you legally promise) that you have the authority to bind that company or other legal entity to these Terms of Service.
By accessing or using the N2B Service you represent and warrant to N2B that:
you are of legal age to form a binding contract
all registration information you submit is accurate, current and complete;
you will maintain the accuracy and completeness of such information;
and you also certify that you are legally permitted to use and access the N2B Service and take full responsibility for the selection and use of and access to the N2B Service. These Terms of Service are void where prohibited by law, and the right to access the N2B Service is revoked in such jurisdictions.
DISCLOSURE OF YOUR BUSINESS DATA
We may share Business Data that allows N2B to conduct business on your behalf with Partner Companies and external Agencies such as (but not limited to) Performing Rights Organizations, royalty tracking, or royalty verification service companies that perform specific services such as collecting, tracking, validating, or processing royalties. These Partner Companies and external Agencies will have access only to the Business Data required to perform these services on our behalf at your request. They are obligated not to disclose or use it for any other purpose.
Regardless of any choices (if applicable) you make regarding your Business Data, N2B may disclose Business Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on N2B; or (b) protect or defend the rights or property of N2B or users of the N2B Service.
Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Business Data collected from our services to third parties. By agreeing to these Terms, you expressly consent to the sharing of your Business Data as described in this policy.
ACCOUNT AND PASSWORDS
In order to access the Notes2Bucks service, you must register to create an account (“Account”) and become a Member. When registering with N2B, your term begins, and you agree to:
(a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the N2B Service’s registration form (such information being the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the N2B service (or any portion thereof).
You may not authorize any third party (other than, if applicable, employees, consultants, or agents of the Corporate Member you represent, or agents that represent you as an individual Member) to access or use the N2B Service on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify N2B of any unauthorized use of your user ID or password or any other breach of security so as to limit any financial or reputational loss that you may suffer because of such a breach.
N2B cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
If within your organization, business relationships, or any personal relationships, any disputes arise over who owns the account, don’t involve us by requesting access to or information about an account that is not yours. We don’t know what deals you’ve made with anybody about access or ownership and we can only determine ownership by the records we have, including who to contact. If anybody disagrees with you about ownership, it is up to you to solve that issue.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate any services, or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification through the last known contact method you gave us. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site or Application. By continuing to access or use the N2B Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, cease using the N2B Service.
Certain portions of the N2B-provided services and applications and sites may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. N2B may, in its sole discretion, make premium or different applications, software, or services available to you that are subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the N2B Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the N2B-provided services, applications, or sites
We may also change our fees at any time by posting a new pricing structure to our website and/or by sending you notification via email.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by N2B (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
CLOSING YOUR ACCOUNT
It's easy. There are no cancellation fees; you can cancel any service package at any time. Login with your secure credentials. Click Change Plan. Click on Unsubscribe. If a selected Service Package provided by Notes2Bucks requires a recurring subscription fee, your Service Package will automatically renew, unless we terminate it, or you cancel your subscription by logging onto your account, clicking on Change My Plan, and unsubscribing. You must cancel any such Service Package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Monthly fees and charges are nonrefundable, and will expire at the end of the month billed. There are no refunds or credits for partially used months. Annual fees and charges are refundable for the remaining period of months excluding the free months earned for annual prepay.
Certain subscription, pay-per-usage, and other fee-based services ("Pay Services") offered through the Site may require the user to pay to N2B fees for the Pay Services at the times and in the amounts specified on the Site. N2B bills you through an online account (your "Billing Account") for Pay Services. You agree to pay N2B all charges at the prices then in effect for any Pay Services ordered by you or other persons (including your agents) using your Billing Account, and you authorize NTB to charge your payment method (your "Payment Method") for such Pay Services. You agree to make payment using your selected Payment Method. If N2B does not receive payment from the provider of your Payment Method (the "Payment Method Provider"), you agree to pay all amounts due on your Billing Account upon demand. N2B reserves the right to limit the selection of, and changes to, your Payment Method Provider.
We reserve the right to charge for a 1 (one) month minimum billing cycle for changes from paid plan to free during the first 30-day complimentary membership. In other words, if a subscriber signs up as a paid monthly member, uses the service to create and/or share one or more data records, then changes the plan to “free" at the end of the complimentary period to avoid paying for the full use of the provided services, we may at our sole discretion choose to charge the member a minimum of one month's billing.
You must provide current, complete, and accurate information for your Billing Account in order to receive the Pay Services ordered. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify N2B if your payment method is canceled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your password.
ALL CAPS BECAUSE THIS IS IMPORTANT: IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT N2B MAY CONTINUE CHARGING YOU FOR ANY PAY SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR ACCOUNT FOR SUCH PAY SERVICE (CONFIRMED IN WRITING UPON REQUEST).
N2B MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, ANNUALLY IN ADVANCE) FOR YOUR PAID SERVICE, ON SUCH ANNUAL OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.
Termination and Account Cancellation
If you breach any of these Terms of Service, N2B will have the right to suspend, disable, or terminate your Account, or terminate these Terms of Service, at its sole discretion and without prior notice to you. N2B reserves the right to revoke your access to and use of the N2B Service at any time, with or without cause. In the event N2B terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder.
Signing up for an account with any N2B service is free for Members who register as individuals or corporate entities. The free use of various offerings within the N2B Service are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). In the event you choose to upgrade to paid services or provide payment information to N2B after being prompted to do so, you agree to the pricing, payment, and billing policies as set forth (a) herein, (b) and/or on the Site, and/or (c) if applicable or available, in a separately executed or accepted purchase order.
All fees paid for the N2B Service are non-transferable. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted, or imposed in the future on the delivery of services provided by N2B, and/or any related transactions (except for taxes assessed on N2B’s net income or personal property).
See Closing Your Account above.
Your continued use of the Pay Services on your Billing Account reaffirms that N2B is authorized to charge your Payment Method. N2B may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive N2B’s right to seek payment directly from you.
In the event of a charge back by your Payment Method Provider or other non-payment by you in connection with your payment of the applicable Pay Service or renewal fee, you acknowledge and agree that the Pay Service for which such fee has not been paid may be suspended, canceled, or terminated, in N2B’s sole discretion. N2B will reinstate any such Pay Service solely at its discretion, and subject to our receipt of the applicable Pay Service or renewal fee.
OUR PROPRIETARY RIGHTS
License granted by Notes2Bucks
Subject to your compliance with these Terms of Service, Notes2Bucks grants you a limited non-exclusive, non-transferable license to download and install a copy of our Applications on your mobile device or tablet or computer, and run such copy of the Application solely for your own personal or business use.
Notes2Bucks Service. Notes2Bucks owns and retains all right, title, and interest in and to the services, applications, and sites provided by us (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of any service, applications, or sites provided by N2B, or otherwise use the services, applications, and sites provided by us in any way that violates the use restrictions contained in these Terms of Service. We do not grant to Member any license, express or implied, to the intellectual property of our company or its licensors. Member further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation, and payment terms and pricing (if applicable) of any services, applications, or sites provided by N2B is considered the confidential and proprietary information of N2B (collectively “Notes2Bucks Confidential Information”).
Notes2Bucks Logos and Designs. Notes2Bucks’ services’, applications’, and sites’ graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of N2B in the U.S. and/or other countries. N2B’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without N2B’s prior written permission. Please send requests for usage to: email@example.com. Upon approval, you will be supplied a link to download wherein you can access high-resolution, up-to-date graphics files in various formats.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the N2B Service (“Feedback”). You may submit Feedback by emailing us at or through the “Help” section of the N2B Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of N2B, and you hereby irrevocably assign to N2B and agree to irrevocably assign, all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At N2B’s request and expense, you will execute documents and take such further acts as N2B may reasonably request to assist N2B to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
YOUR PROPRIETARY RIGHTS
Member Data. Subject to the section below labeled “Assignment of Certain Member Data”, Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to N2B in connection with its use of the N2B Service and (b) reports and other materials generated by the N2B Service following such transmission (collectively, “Member Data”), provided, however, that Member hereby grants to N2B a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member’s use of our services, applications, or sites solely for purposes of (x) maintaining and improving the service and applications, and (y) providing Member with access to relevant and special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding Member’s use of our company’s services, applications, or sites compiled by us solely for marketing purposes or distribution to third party research firms.
Member Art. Member shall retain all right, title and interest in and to all of Member’s logos, promotional graphics and related marketing designs (collectively, the “Member Art”), provided, however, that Member hereby grants to N2B a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member’s corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing N2B’s products, applications, and services to third parties, subject to Member’s right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through any N2B service, application, or site, please notify N2B’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on our sites, services, or applications;
4. Information reasonably sufficient to permit N2B to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A notarized statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
N2B’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Designated Copyright Agent
PO Box 1143
Decatur, GA 30031
or via email at legal@Notes2Bucks.com
For clarity, only DMCA notices should go to the Notes2Bucks LLC Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to N2B via help@Notes2Bucks.com.
RULES: DON’T DO THESE
In order to bring you and many other users this awesome service that helps you manage your business operations in this area, it is vital all users, including you, obey the rules. If everybody has to spend time undoing malicious or criminal acts designed to interrupt the flow of business, nobody is going to have a good time. So, by using our services, or registering for the services, or entering our site in any way, you agree not to do any of the following:
Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening, or promotes violence, or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror, or frame any application or service provided by N2B, or any individual element within the services, applications, or sites provided by us, the N2B’s name, any N2B service, site, or application trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without N2B’s express written consent;
Access, tamper with, or use non-public areas of the N2B Service, N2B’s computer systems, or the technical delivery systems of N2B’s providers;
Attempt to probe, scan, or test the vulnerability of any N2B’s system or network, or breach any security or authentication measures;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the N2B services, sites, or applications, or staff member of N2B.
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by our company or any of our providers or any other third party (including another user) to protect any of our services or applications or Site Content;
Attempt to access or search the N2B Service or Site Content, or download Site Content from the N2B Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, or junk messages, spam, chain letters, or other form of solicitation (including sending invitations to use services, sites, and applications provided by N2B to the mobile numbers of people you do not know);
Use or disclose any N2B Confidential Information, except as otherwise explicitly set forth herein.
Use any meta tags or other hidden text or metadata utilizing a N2B trademark, logo URL, or product name without N2B’s express written consent;
Use the N2B’s services or applications or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the N2B services, applications, or Site Content to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the services and applications of N2B or Site Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, abusing bandwidth, or throttling, any N2B services, applications, or sites;
Collect or store any personally identifiable information from the N2B services, applications, or sites of other users of the N2B services, applications, or sites without their express written permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual or entity to do any of the foregoing.
Notes2Bucks will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Our company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that N2B has no obligation to monitor your access to or use of the N2B services, applications, or sites, or to review or edit any Member Content, but has the right to do so for the purpose of properly operating and servicing you and other Members, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
Export Control: You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
If you suspect anyone is violating any of these terms, please let us know immediately. We want to keep everyone safe. Report to firstname.lastname@example.org
We will also notify you of any breach of your account and provide a description of what happened.
Links to Third-Party Websites
Notes2Bucks services, applications, or sites may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by N2B. You acknowledge and agree that N2B has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by N2B of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
Please note that we cannot be responsible for the effects of any third-party software, including Malware, on your computer system or any device you use to access our services. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
“AS IS” (We apologize for the ALL CAPS; but this is very important for you to understand and we don’t want you to miss it.
THE N2B SERVICEs, APPLICATIONS, AND SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, N2B EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. N2B MAKES NO WARRANTY THAT THE N2B SERVICE, APPLICATIONS, OR SITE CONTENT WILL MEET YOUR REQUIREMENTS, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
N2B MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, N2B SERVICES OR APPLICATIONS OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE N2B SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE N2B SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM N2B OR THROUGH THE N2B SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE N2B SERVICEs, APPLICATIONS, AND SITES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THESE.
YOU UNDERSTAND THAT N2B DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE N2B SERVICES OR APPLICATIONS, NOR DO WE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OUR SERVICES OR APPLICATIONS OR SITES. N2B MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SERVICES OR APPLICATIONS OR SITES, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THESE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES AND APPLICATIONS AND SITES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THESE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold N2B, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the services and applications provided by us, or your violation of these Terms of Service, including breach of any representations or warranties herein.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the N2B services, applications, and site content remains with you.
Neither N2B nor any other person or entity involved in creating, producing, or delivering the N2B services, applications, or site content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, N2B service and application and site interruption, computer damage, or system failure, or the cost of substitute products or N2B service, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these N2B terms of service or from the use of or inability to use the services or applications or site content, or from any communications, interactions, or meetings with other users of the N2B services, applications, or site content, or other persons with whom you communicate or interact as a result of your use of the same, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not N2B has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will N2B’s aggregate liability arising out of or in connection with these terms of our services or applications, or from the use of or inability to use our services or applications or site content exceed the amounts you have paid to N2B for use of the N2B’s services or applications or content. The limitations of damages set forth above are fundamental elements of the basis of the bargain between N2B and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
As a user of anything provided by us, you agree that you have to follow certain rules. Included in that are what is meant by the following definitions and who controls what. The laws of various jurisdictions dictate some of what is included, some are simply common sense (what you learned in kindergarten, and what your mama taught you about how to act toward others), and some are based on our research and experience and what we know of how some people want to harm others so we put legal controls on them. We know you won’t harm us or others; and we know you don’t want to harm us or others; but there are those who will attempt to harm. We want to keep you, us, and your business information safe. So, to help with that, please understand these:
“Content” means any text, graphics, photos, music, software, audio, video, information, or other materials.
“Notes2Bucks Content” means content that N2B makes available through the Site or services and applications, including any Content licensed to N2B from a third party, but excluding Member Content.
“Member Content” means Content that a Member posts, uploads, publishes, submits, or transmits to be made available through any service or application or site provided by N2B, including, without limitation, comments to the N2B blog or other content forums of Notes2Bucks, LLC.
“Site Content” means N2B Content and Member Content.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of the law’s provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in the Northern District of Georgia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Conflicts relating to the content or this Site or your access to or links to this Site, shall be resolved by arbitration Except for punitive damages (which may not be awarded), any provisional or equitable remedy that would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent:
to the non-exclusive jurisdiction of the State and Federal Courts located within Georgia for any action
to compel arbitration,
to enforce the award of the arbitrators, or
at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and
to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.
You are solely responsible for your interactions with other users. N2B reserves the right, but has no obligation, to monitor communications and/or any disputes between you and other users.
These Terms of Service constitute the entire and exclusive understanding and agreement between N2B and you regarding services and applications provided by N2B services, applications, and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between us and you regarding these.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without N2B’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. N2B may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The failure of N2B to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision.
The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of N2B. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise.
If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
You acknowledge that:
you have read and understood these Terms; and
these Terms have the same force and effect as a signed agreement
the formatting of this information does not change how it is viewed legally
If you have any questions about these Terms of Service, please contact N2B at email@example.com or PO Box 1143, Decatur, Georgia 30031.
Updated: June 20, 2014
1. MEMBER CONSENT
2. A NOTE ABOUT CHILDREN
We do not intentionally gather Personal Data about visitors who are under the age of 18.
3. TYPES OF PERSONAL DATA WE COLLECT
N2B collects Personal Data and Anonymous Data from you when you visit our site, when you send us information or communications in connection with your use of services, applications, and sites provided by N2B, and/or when you download and use the same. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, geographic location of your computer or mobile device or tablet, telephone number, credit card number, email address, and bank account information, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data about you that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Personal Data You Provide To Us
We collect Personal Data from you, such as first and last name, email and mailing addresses, telephone number(s), professional title(s), company name(s), and password(s), when you register with N2B for any service or application. In addition, we (or our third-party credit card or payment processor on our behalf) will collect Personal Data including your credit card number or account information when you upgrade to a paid account. We also retain information on your behalf, such as the Personal Data described above and any correspondence. If you provide us feedback or contact us via email, we will collect your name and email address, IP address, as well as any other content included in the email, in order to send you a reply, and any information that you submit to us. If we conduct a survey in which you participate, we may collect additional profile information. We may also collect Personal Data at other instances in the Site or Application user experience where we state that Personal Data is being collected.
Personal Data Collected by Third Parties
We may receive Personal Data about you from other sources like telephone or fax, from companies that distribute services or applications provided by N2B by way of a co-branded or private-labeled website, companies that offer their products and/or services via our sites or applications or services, or companies that provide services (such as payment processing services) in connection with us (collectively, “Partner Companies”). Our Partner Companies may supply us with Personal Data, such as your name and email and mailing address information or your login credentials for such Partner Company’s website or service, in order to help us establish the account or fulfill orders. We may add this information to the information we have already collected from you via our website in order to perform and improve the N2B Service.
Personal Data Collected via Technology
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them, or for an extended period of time) to provide you with a more personal and interactive experience while using the N2B Service. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the Site, the Application and/or the N2B Service may not function correctly.
Social Media Integration
The Site and Apps will include the ability to link your user account to your social network accounts, at your direction. Therefore, we will retrieve information, such as “likes”, “subscriptions”, “friend lists”, and “posts” to improve content recommendations. This information is not shared with or sold to advertisers or to any third parties; but we reserve the right to share aggregated information about our audience with no personally identifiable information such as name, address, or birthdate.
4. USE OF YOUR PERSONAL DATA
Notes2Bucks uses your Personal Data in the following ways:
to facilitate the creation of and secure your account on our network; identify you as an authorized user in our system;
to provide improved administration of our service;
to improve the quality of experience when you interact with our services or applications;
to send you a welcome email to verify ownership of the email address provided when your account was created;
to send you administrative email notifications, such as security or support and maintenance advisories;
to respond to your inquiries related to employment opportunities or other requests;
to send promotional communications;
to provide you with hardcopy or electronic newsletters, or surveys;
to send upgrades and special offers related to our services and applications, and for other marketing purposes of N2B or our Partner Companies; and
to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.
We may create Anonymous Data records from Personal Data by excluding information (such as your name and email) that render the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content and functionality of our applications and services. N2B reserves the right to use for other purposes and to disclose Anonymous Data to third parties in its discretion.
Any information, including Personal Data, which you elect to make publicly available on the N2B Service will be available to other Members. If you remove information that you have made public on the N2B Service, copies may remain viewable in cached and archived pages of the N2B Service, or if other Members have copied or saved that information.
5. DISCLOSURE OF YOUR PERSONAL DATA
We may share your Personal Data with Partner Companies to provide technical support or to provide specific services, such as hosting of your applications, maintenance services, database management or payment processing for purchases. Partner Companies will have access to your Personal Data only to perform these services on our behalf and are obligated not to disclose or use it for any other purpose.
N2B may sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Personal Data may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, or similar transactions or proceedings involving all or a portion of the company.
Regardless of any choices you make regarding your Personal Data (if applicable), N2B may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on N2B; or (b) protect or defend the rights or property of N2B or users of the N2B Service.
Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data collected from our services to third parties. You expressly consent to the sharing of your Personal Data as described in this policy.
6. PERSONAL DATA CHANGES
You may change any of your Personal Data in your account by editing your profile within the registration portion of the Site or by sending an email to us at the email address set forth below. You may request deletion of your account information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).
7. STATE PRIVACY RIGHTS
Members who are residents of states which require annual disclosure of information shared about the member may request and obtain from us once a year, free of charge, certain information about the Personal Data (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Data that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a resident of such a state and would like to make such a request, please submit your request in writing to legal@Notes2Bucks.com.
8. OPT-IN/OPT-OUT CHOICES
Registered users of the N2B site may opt-in to (1) receiving communications from N2B and its subsidiaries (except for communications necessary for your use of the Site or App), or (2) any other consent previously granted for a specific purpose concerning your Personal Information. To opt-out after opting-in, simply edit your settings in your user profile, or you may send an e-mail to N2B at .
9. SECURITY OF YOUR APPLICATION AND PERSONAL DATA
Notes2Bucks is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that N2B cannot fully eliminate security risks associated with Personal Data as there are always people out there looking to spread anarchy and mess with people; but we will do our darndest to make it safe.
10. STORAGE AND PROCESSING
11. CONTACT INFORMATION
You have reached the end of the Terms of Service. Lots of reading, we know, and we are proud you took the time to understand these. Again, if you have any questions, please send those to firstname.lastname@example.org
Thank you so much. We are proud to have you as a member.
The Team at Notes2Bucks LLC