Terms of Use

These Terms of Use ("Terms") govern and apply to your access and use of Notabli’s (“Notabli”) website www.notabli.com and mobile application(collectively, the "Service"). By accessing or using the Service, you agree to be bound by all of the terms and conditions described in these Terms. This is a contract between you, the user, and Notabli.

REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: 

  • provide true, accurate, current and complete information about yourself as prompted by Notabli’s registration form (the "Registration Data") and 
  • 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 Notabli has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Notabli has the right to suspend or terminate your account and refuse any and all current or future use of the Service (and any portion of the Service). You must be aged 13 or over to use the Services.  If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.

ACCEPTABLE USE

You are responsible for your use of the Service.  You will receive a password and account designation upon completing the Notabli registration process. You are responsible for maintaining the confidentiality of the password and account and you agree to:

  • immediately notify Notabli of any unauthorized use of your password or account or any other breach of security, and 
  • ensure that you exit from your account at the end of each session (Notabli cannot and will not be liable for any loss or damage arising from your failure to comply with this Section regarding Acceptable Use).

Notabli is meant to be a safe and welcoming experience for users. As such, Notabli prohibits certain conduct.  A list of acceptable conduct is provided below:

  • You may not, in the use of the Service, violate any law or regulation (including, but not limited to, copyright laws).
  • You may not post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
  • You are solely responsible for your conduct and any data, files, text, image, information, graphics, musical works, works of authorship, applications, photos, profiles, audio and video clips, links or any other materials (collectively, "Content") that you submit, post, and display on the Service and are that submitted by anyone under your account.
  • You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Notabli.
  • You may not access the Service’s private application program interface by any other means other than through the Notabli application itself.
  • You must not crawl, scrape, or otherwise cache any content from the Service including, but not limited to, user profiles, information and text regarding users and users’ children, photos, audio and video clips.
  • You may not create or submit unwanted email or comments to any Notabli members.
  • You may not transmit any worms or viruses or any code of a destructive nature on the Service.
  • You may not act to harm minors in any way.

Violation of any of these agreements or any provision of these terms of service may result in immediate termination of your Notabli account and you may be prohibited from establishing any future account with Notabli. While Notabli prohibits offensive conduct and content on the Service, you understand and agree that Notabli cannot be responsible for the Content posted on the Service by third parties and users and you use the Service at your own risk.

CHILDREN UNDER 13

The Service is not intended for use by children under the age of 13.  Notabli will require all users to certify that they are at least 13 years of age prior to accessing the Service.  

CONTENT

Notabli does NOT claim any ownership rights in the Content. Subject to the terms of Notabli’s Privacy Policy (available [INSERT] and incorporated herein by this reference), by displaying, publishing, uploading or otherwise posting (referred to hereafter, collectively as “posting”) any Content on or through the Services, you hereby grant to Notabli a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including, without limitation, distributing part or all of the Service in any media formats through any media channels; provided, however, that Content not shared publicly by you will not intentionally be distributed outside the Service.

  • You represent and warrant that: (i) you own all Content posted by you on or through the Service, (ii) the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Service does not result in a breach of contract between you and a third party. 
  • The Service contains Content of Notabli ("Notabli Content"). Notabli Content is protected by copyright, trademark, patent, trade secret and/or other laws, and Notabli owns and retains all rights in the Notabli Content and the Service. Notabli hereby grants you a limited, revocable, non-transferable license to reproduce and display the Notabli Content (excluding any software code) solely for your personal use in connection with viewing and using the Service in accordance with the terms hereof.
  • The Service contains Content of other Notabli licensors and users. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.
  • Notabli performs technical functions necessary to offer the Service, including, but not limited to, transcoding and/or reformatting Content to allow its use throughout the Service.
  • The current Notabli free plan allows up to 2GB of storage of Content per child. Notabli reserves the right to increase or decrease this storage amount at any time.

GENERAL CONDITIONS

  • Notabli reserves the right to modify or terminate the Service for any reason, without notice to you, at any time.
  • Notabli reserves the right to amend these Terms at any time. If such amendments constitute a material change to the Terms, Notabli will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined in good faith at Notabli’s sole, reasonable discretion.  
  • Notabli reserves the right to terminate or refuse the Service to anyone for any reason at any time.
  • Notabli may, but has no obligation to, remove Content and accounts containing Content that Notabli determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or in violation of any party’s intellectual property rights, these Terms and/or the Privacy Policy.
  • The section titles in the Terms are for convenience only and have no legal or contractual effect.
  • You agree that if you fail to actively use the Service for a period of time exceeding one (1) year, Notabli may terminate your account, with our without notice, and delete all content related to your account from the Service.
  • You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws (the “Software”).
  • Except as expressly permitted by applicable law or as authorized by Notabli, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service or the Software in whole or in part. 
  • Notabli grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a computer or mobile device; provided that you do not (and do not allow any third party) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Notabli for use in accessing the Service.
  • You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  • You agree that Notabli and all other Notabli’s trademarks, trade names, service marks and other Notabli logos and brand features, and product and service names are trademarks and the property of Notabli, Inc. (the "Notabli Marks"). Without Notabli's prior permission, you agree not to display or use in any manner the Notabli Marks.
  • The Terms and the Privacy Policy constitute the entire agreement between you and Notabli and govern your use of the Service, superseding any prior version of these Terms and Privacy Policy between you and Notabli with respect to the Service. 
  • You and Notabli each agree that the Terms and the Privacy Policy and the relationship between the parties shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms and the Privacy Policy, or the relationship between you and Notabli, shall be brought exclusively in the federal and state courts located in Vermont. You and Notabli agree to submit to the personal jurisdiction of the courts located within Vermont, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  • The failure of Notabli to exercise or enforce any right or provision of the Terms and/or the Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms and/or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and the Privacy Policy remain in full force and effect.
  • You agree that your Notabli account is non-transferable and any rights to your account and the content related to your account may be terminated and deleted upon your death. 
  • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the Terms and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • You may terminate your Notabli account, any associated email address and access to the Services by submitting such termination request to Notabli.
  • You acknowledge, consent and agree that Notabli may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: 
    • protect the rights, property or personal safety of Notabli, its users and the public;
    • comply with legal process
    • enforce the Terms and/or the Privacy Policy
    • respond to claims that any Content violates the rights of third parties; 
    • respond to your requests for customer service 

THird party Content, sites, and services

Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Notabli, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. 

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 

You agree that Notabli shall not be responsible or liable for any loss, damage or injury of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Notabli is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Notabli, its officers, directors, shareholders, employees, agents, affiliates and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Notabli for notice of claims of copyright or other intellectual property infringement at:

copyrightinfringement@notabli.com

or:

Copyright Infringement
Notabli
209 College Street 3W
Burlington, VT 05401

Please provide Notabli with the following Notice:

a) Identify the material on the Service that you claim is infringing, with enough detail so that it may be located;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Notabli will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

INDEMNITY

You agree to indemnify and hold Notabli, and its affiliates or subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) which any of them may incur directly or in connection with any claim or demand from a third party, that arises out of (i) any breach of any representation or warranty of these Terms by you; (ii) any claims that allege that any Content posted by you violates the intellectual property rights of any third party; or (iii) any intentional misconduct or negligent act or omission by you in connection with or related to your use of the Service.

Force Majeure

Notabli will not be liable for a delay in providing the Services to the extent that delay is caused by internet access outages, insurrection, war, riot, explosion, nuclear incident, fire, flood, earthquake, volcanic activities, general national strikes, embargo, state import or export restrictions, or other event beyond Notabli’s reasonable control.

DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, NOTABLI (AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NOTABLI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER OBTAINED BY YOU THROUGH THE SERVICE OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTABLI OR THROUGH OR FROM THE SERVICE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

SOle remedy and LIMITATION OF LIABILITY

NOTABLI’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE AND IN NO EVENT WILL IT EXCEED $50; YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH BY NOTABLI WILL BE A REFUND IN AN AMOUNT EQUAL TO THE DOLLAR AMOUNT PREVIOUSLY PAID BY YOU TO NOTABLI FOR ACCESS TO THE SERVICE. NOTABLI WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NOTABLI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  YOU SHOULD MAKE BACK UP COPIES OF ALL IMPORTANT PHOTOGRAPHS AND OTHER MEDIA POSTED TO THE SITE AND NOT RELY ON NOTABLI AS THE SOLE CUSTODIAN FOR SUCH ITEMS.

Violations

Please report any violations of the Terms to hello@notabli.com

Updated on 11/30/15 by the folks responsible for Notabli.