Last revised on January 8, 2018.
These Terms of Service ("Terms") are a contract between you, either an individual person or a single entity, and Monki Labs LLC, the provider of Notejoy ("Notejoy"). They govern your use of Notejoy's sites, services, mobile apps, products, and content ("Notejoy Services").
By using Notejoy Services, you agree to these Terms. If you don't agree to any of the Terms, you can't use Notejoy Services.
We can change these Terms at any time. If a change is material, based on our sole discretion, we'll let you know before they take effect. By using Notejoy Services on or after the revision date, you agree to the new Terms. If you don't agree to them, you should delete your account before they take effect, otherwise your use of Notejoy Services will be subject to the new Terms.
Notejoy Services are only for people 13 years old and older. By using Notejoy Services, you affirm that you are over 13. If we learn someone under 13 is using Notejoy Services, we'll terminate their account. If you are accepting these Terms and using Notejoy Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
When using Notejoy Services, you will be subject to any additional posted guidelines or rules applicable to specific Notejoy services and features which may be posted from time to time ("Guidelines"). All such Guidelines are incorporated by reference into these Terms.
Content and IP Rights
You own the rights to the content you create and share on Notejoy Services.
By sharing content on Notejoy Services, you give us a nonexclusive license to share it on Notejoy Services, including anything reasonably related to sharing it (like storing, displaying, reformatting, and distributing it). We may also use your content including your company name and logo to identify you as a customer for promotional purposes, such as on Notejoy's website and other promotional materials. We will never sell your content to third parties without your explicit permission.
You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
By creating and sharing content you didn’t create on Notejoy Services, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.
We can remove any content you share for any reason.
You can delete any of your content anytime. We may keep backup copies of your deleted content for up to 30 days after you delete it.
Notejoy gives you a personal non-assignable and non-exclusive license to use Notejoy Services subject to these Terms.
You may not do, or try to do, the following: (1) access or tamper with non-public areas of Notejoy Services, our computer systems, or the systems of our technical providers; (2) access or search Notejoy Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Notejoy Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing Notejoy Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on Notejoy Services.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.
Notejoy Services is owned and operated by Monki Labs LLC. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of Notejoy Services are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Disclaimer of Warranty
Notejoy provides the Notejoy Services to you as is. You use them at your own risk and discretion. That means they don’t come with any warranty. None express, none implied. No implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
Limitation of Liability
Notejoy won’t be liable to you for any damages that arise from your using Notejoy Services. This includes if Notejoy Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, or any other loss.
In no event shall the aggregate liability of Notejoy exceed the greater of US $100 or the amount you paid Notejoy, if any, in the past 12 months for Notejoy Services giving rise to the claim.
If Notejoy doesn’t exercise a particular right under these Terms, that doesn’t waive it.
If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
These Terms, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by Notejoy without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Choice of Law and Jurisdiction
These Terms are governed by California law, without reference to its conflict of laws provisions. You agree that any suit arising from Notejoy Services must take place in a court located in San Francisco, California.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Notejoy as a result of these Terms or use of Notejoy Services.
You agree that Notejoy, in its sole discretion and for any reason, may terminate any user account and discontinue providing access to Notejoy Services, with or without notice.
A user may terminate these Terms at any time by closing their account and discontinuing use of Notejoy Services. However, Disclaimer of Warranty, Limitation of Liability will survive any termination of these Terms.
These Terms (including any document incorporated by reference into them) are the whole agreement between Notejoy and you concerning Notejoy Services.
Questions? Contact us.