Welcome to Notelog! Before you register for an account, you must read and agree to the Notelog Terms of Use and the following policies and terms (last updated December 1, 2009), including any future amendments ("Agreement"):

Welcome to Notelog [noht-log], an online social document sharing platform used for sharing academic knowledge on college campuses worldwide. The Notelog service and network (collectively, "the Notelog Service") are operated by Notelog L.L.C., a Florida Limited Liability Company (collectively, "us", "we" or "the Company"). This Terms of Use Agreement (“Terms of Use” or this “Agreement”) sets forth the legally binding terms for your use of the Notelog Service. By using the Notelog Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Notelog Service) or you are a “Member” (which means that you have registered with the Notelog Service). The term "User" refers to a Visitor or a Member.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of the Notelog Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Notelog Service. It is your responsibility to regularly review these Terms of Use.

Registration Obligations

In order to use the Notelog Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Notelog Service 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. By using the Notelog Service, you represent and warrant that (a) you are 14 years of age or older; and (b) your use of the Notelog Service does not violate any applicable law or regulation. Registration Data and other information about you are subject to our Privacy Policy – for more information, see our full Privacy Policy.

User Account and Password

You will create an account with a password and username during the Notelog Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are solely responsible for all activities that occur under your password or account. You agree to (a) immediately notify Notelog of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Notelog will not be liable for any loss or damage arising from your failure to comply with the provisions of this paragraph. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.

Non-Commercial Use

The Notelog Service is provided for your personal and academic use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in advance by Notelog. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Use of the Notelog Service, or of any data or information accessed or provided through the Notelog Service, for any commercial purpose, or by any commercial entity, is expressly prohibited. This product (service) uses the Scribd API but is not endorsed or certified by Scribd.

You agree not to use or launch any automated system or scripts, including without limitation, “robots,” “spiders,” “offline readers,” etc., to accesses the Notelog Service or to “scrape,” “harvest,” or otherwise retrieve, any data, documents, content or other information from the Notelog Service. You further agree not to collect or harvest any personally identifiable information, including account names or email addresses of Members, from the Notelog Service, nor to use the communication systems provided by the Notelog Service for any commercial solicitation purposes. You agree not to solicit any users of the Notelog Service with respect to their Member profiles or Content. Notwithstanding the foregoing, Notelog grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Notelog reserves the right to revoke rights granted herein either generally or in specific cases.

Appropriate legal action will be taken for any illegal or unauthorized use of the Notelog Service.

Fees

Although Notelog is currently free (as of Dec. 2009) to its members and visiters you acknowledge that Notelog reserves the right to charge for the Notelog Service and to change its fees from time to time in its discretion. If Notelog terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.

Member Conduct

You agree that you may not use the Notelog Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Notelog Service. In addition, you agree not to use the Notelog Service to:

• upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

• impersonate any person or entity, including but not limited to, a Notelog official, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;

• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• intimidate, stalk or harass another;

• harm minors in any way;

• use or attempt to use another's account, service or system without authorization from the Company;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Notelog Service; or

• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Member Content Posted on the Notelog Service

You are solely responsible for the media, files, electronic documents, photos, profiles and other content that you publish or display (hereinafter, “post”) on or through the Notelog Service, or transmit to other Members (collectively the “Content”). Notelog does not endorse and has no control over the Content. Content is not necessarily reviewed by Notelog prior to posting and does not necessarily reflect the opinions or policies of Notelog.

Notelog reserves the right to reject, refuse to post, or remove any Content at any time, without prior notice, in its sole discretion, and for any purpose, including but not limited to, for violations of these Terms of Use. Notelog assumes no responsibility for monitoring the Notelog Service for inappropriate Content or conduct. If at any time Notelog chooses, in its sole discretion, to monitor the Notelog Service, Notelog nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

By posting Content to any part of the Notelog Service, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to use, modify, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

By posting Content to any part of the Notelog Service, you represent and warrant that: (i) you own the Content posted by you on or through the Notelog Service or otherwise have the right to grant the license set forth in the preceding paragraph, and (ii) the posting of your Content on or through the Notelog Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, or contain libelous, defamatory or otherwise unlawful material. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Notelog Service.

You understand that by using the Notelog Service, you may be exposed to Content that is offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Notelog with respect thereto, and agree to indemnify and hold Notelog, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Notelog Service.

Under no circumstances will Notelog be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Notelog Service. Notelog makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

You acknowledge and agree that Notelog may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Notelog, its Users and/or the public. You understand that the technical processing and transmission of the Notelog Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

Notelog’s Proprietary Rights

Except for (a) Content posted by you or (b) intellectual property belonging to you, all content on the Notelog Service, including but not limited to design, text, graphics, academic data, course materials, documents, messages, ratings, reviews, other files, and their selection and arrangement (collectively, “Notelog Content”) are the proprietary property of the Company or its licensors, with all rights reserved. You acknowledge and agree that the Notelog Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, including laws covering data access and data compilations. No Notelog Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, incorporated into any derivative works or compilations, posted, transmitted, rented or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not republish Notelog Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. You agree not to circumvent, disable or otherwise interfere with security related features of the Notelog Service or features that prevent or restrict use or copying of any Notelog Content or enforce limitations on use of the Notelog Service or the Notelog Content therein. You agree not to access the Notelog Service by any means other than through the interface that is provided by Notelog for use in accessing the Notelog Service. You agree not to reproduce, duplicate, copy, sell or resell, any portion of the Notelog Service, use of the Notelog Service, or access to the Notelog Service, other than as provided within the scope of the Notelog Service and as expressly permitted under these Terms of Use.

Trademarks

All trademarks, logos, trade dress, product names, service names, slogans, and service marks on the Notelog Service are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. The layout or template of the Company website may not be recreated or immitated in any way with respect to all likes including but not limited to: layout, color scheme, etc.

Copyright Policy

We respect the intellectual property rights of others. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. You may submit, post, and display any materials on or through the Notelog service or notelog.com under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using wePapers service tools to do so. For avoidance of doubt, Notelog is not a party to any such public license between you and any third party. Notelog does not permit copyright infringing activities and infringement of intellectual property rights on any portion of the Notelog Service and Notelog will remove any Content from the Notelog Service if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting us at copyright@notelog.com and providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Notelog to locate the material;

• Information reasonably sufficient to permit Notelog to contact you, such as an address, telephone number, and, if available, an electronic mail;

• 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 the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Privacy

Use of the Notelog Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Links to Other Websites

The Notelog Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Notelog has no control over such sites and resources, you acknowledge and agree that Notelog is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Notelog shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Notelog Service available on or through any such site or resource.

Member Disputes

You are solely responsible for your interactions with other Notelog Members. We reserve the right, but have no obligation, to monitor interaction and disputes between you and other Members.

Disclaimers

The Notelog Service may be temporarily unavailable from time to time for maintenance or other reasons. Notelog.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Notelog Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Notelog Service, any Content posted on or through the Notelog Service or transmitted to Members, or any interactions between users, whether online or offline.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE NOTELOG SERVICES IS AT YOUR SOLE RISK. THE NOTELOG SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. NOTELOG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NOTELOG MAKES NO WARRANTY THAT (i) THE NOTELOG SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE NOTELOG SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NOTELOG SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NOTELOG SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE NOTELOG SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NOTELOG SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTELOG OR THROUGH OR FROM THE NOTELOG SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.



Limitation on Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTELOG SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOTELOG IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE NOTELOG SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NOTELOG SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE NOTELOG SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE NOTELOG SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO NOTELOG FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) FIVE DOLLARS ($5).

Indemnity

You agree to indemnify and hold Notelog, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Notelog Service in violation of this Agreement or your violation of any law or the rights of a third party.

Governing Law and Venue

By visiting or using the Notelog Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Notelog or any of its affiliates.

Any controversy, claim or dispute relating in any way to the Notelog Service (including your visit to or use of the Notelog Service) shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threaten to violate Notelog’s or any of its affiliates’ proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Florida.

Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Notelog Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please see our Privacy Policy to understand more about using Notelog Service outside the United States.

Term and Termination

Notelog, in its sole discretion and without prior notice, may terminate your password, account (or any part thereof) or use of the Notelog Service, and remove and discard any of your information, data and files in your account within the Notelog Service, for any reason, including, without limitation, for lack of use, or if Notelog believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Notelog may also in its sole discretion and at any time modify or discontinue providing the Notelog Service, or any part thereof, with or without notice. You agree that Notelog shall not be liable to you or any third-party for any termination of your access to the Notelog Service.

Even after Membership is terminated, this Agreement and our Privacy Policy will remain in effect. Further, Notelog may continue to store and use any data or information about you previously provided or collected by Notelog, in accordance with the terms of the Privacy Policy.

Other

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Notelog regarding the use of the Notelog Service. The failure of Notelog to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of the Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.