Flashnotes provides a variety of services through the Site designed to improve overall academic experience and performance for Site users. Such services include, without limitation, a marketplace for class lecture notes, study guides, outlines, flashcards, live online tutoring, live online conferencing, and recorded video.
You may only have and use one account on the Site. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by Flashnotes. All information you provide to create an account must be accurate and complete, and you may not impersonate any other person or use a name that is not your own.
When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. Except as otherwise specifically noted, all financial transactions on or through the Site will be processed in U.S. dollars.
You agree to notify Flashnotes immediately if you suspect any unauthorized use of your account or access to your password. Flashnotes has the right to suspend or terminate your account for any reason, at our sole discretion.
The Site is owned and operated by Flashnotes. Unless otherwise specified, all materials appearing on the Site, including the text, site design, logos, graphics, icons, etc., as well as the selection, assembly and arrangement thereof, are the sole property of Flashnotes and, if applicable, its licensors. You may only use the Site for your own personal use. You agree not to view, copy, or procure content or information from the Site by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by Flashnotes under separate written agreement. No materials from the Site, or any portion thereof, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Flashnotes’ prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish (collectively, “submit”) any outline, class or lecture notes, problems, suggestions, ideas, solutions, questions, answers, comments, testimonials, feedbacks, messages, images, texts, tutoring session content (audio or video), or other materials (collectively, “User Content”) to the Site, any Flashnotes employee or contractor, you grant Flashnotes and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Flashnotes a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sub-licensable (even through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in such User Content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon, and otherwise use, such User Content.
You are solely responsible for the User Content you submit through or in connection with the Site, and any material or information that you transmit to other users and for your interactions with other users. You represent and warrant that (a) you own the User Content submitted by you on, through or in connection with the Site, or otherwise have the right to grant the license set forth in this section, and (b) the posting of your User Content on, through or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Flashnotes will not modify or edit the substance of any User Content, but it reserves the right to remove and prohibit any content that violates this Terms and Conditions, and it may also change the format, sizing, and any other display specifications of the User Content as it sees fit.
In creating study related User Content, students must respect any intellectual property rights that others may have in User Content. All User Content posted on the Site must be independently created and transformative. It cannot be a transcript or recording of another’s independent efforts, nor can it copy from materials purchased from or created by others.
Schools may have their own policies that place restrictions on a student’s ability to make commercial use of study materials, even otherwise lawful materials that the student has independently created. You are responsible for becoming familiar with such policies and abiding by them, and discontinuing the use of the Site if such use is contrary to your school policy or the instruction of your professor.
Flashnotes is not required to host, display, or distribute, and may remove at any time, any User Content. We may, but are not obligated to, review User Content prior to posting it on or distributing it or permitting distribution through the Site. We reserve the right to prohibit any User Content from being distributed and we may remove User Content from the Site at any time for any reason.
If you make a purchase on the Site, unless otherwise noted, all charges are due in full upon checkout. All payments are facilitated by a third party using the preferred payment method designated in your Account. Services charges and transaction fees (together, “Transaction Fees”) may apply.
If you sell User Content through the Site, unless otherwise specified on the Site: (a) Flashnotes will pay you a designated percentage of the price charged to purchasers, (b) percentage splits are for charges not including Transaction Fees that were charged to purchasers, and (c) payments to Users will be made on a weekly basis by direct deposit to a designated authorized account.
In connection with the Site, you may not:
solicit or reveal passwords or other personal information from others,
bully, intimidate, threaten, defame or harass another person,
circumvent or modify any security technology or software that is part of the Site,
advertise to, or solicit, any user to buy or sell any products or services (except as instructed through an authorized marketplace that may be part of the Site),
engage in criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets,
modify, copy, distribute, download, scrape or transmit in any form or by any means, in whole or in part, any User Content,
interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise engage in or permit the unauthorized use of or access to a computer or a computer network,
cover or obscure the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Site page,
interfere with, disrupt, or create an undue burden on the Site or the connected networks or services,
display an unauthorized commercial advertisement on your profile, or accept payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site,
use the Site in a manner inconsistent with any applicable law, or
post any User Content that is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual.
Flashnotes reserves the right, in our sole discretion, to make changes to the Site at any time. Any description of the Site provided by Flashnotes is not a representation that the Site and related services are working or will always work in that manner, as Flashnotes is continuously updating the Site.
As Flashnotes continues to improve the services, products and the features we provide, these Terms are subject to change. We will post significant changes to these Terms here and/or other formats for you to review. If we change these Terms, we will notify you. Your continued use of the Site after such notification constitutes consent to the updated Terms.
If you receive a promotional use credit (“Promo Credit”), it may be used on the Site as follows:
Promo Credits may be provided in electronic format or by way of a Promo Credit printed card or coupon. Each Promo Credit will have a related code, and each Promo Credit may be used only once by a user, unless otherwise provided by Flashnotes. Promo Credits may also be referred to as “Flashnotes Credit” or “Rewards” on occasion but are subject to the same terms and conditions.
You may be subject to qualification guidelines and additional terms set by Flashnotes or its promotional partners, including time limitations on the use of Promo Credits. You must comply with those guidelines and terms, as applicable.
Promo Credits are for a specific denominated value, but can be used only to make purchases of User Content from the Site. Promo Credits may not be applied to previously-placed orders or used to purchase gift cards.
Promo Credits are not transferrable, and they may not be sold or transferred for any reason. Promo Credits are promotional in nature and are issued without any exchange of money or value from you. As such, Promo Credits do not constitute property and you do not have a vested property right or interest in the Promo Credits.
Promo Credit has no cash value and may not be returned, redeemed, or exchanged for cash or for anything other than as set out above.
If you are entitled to a refund for items purchased using a Promo Credit, we will subtract the value of the Promo Credit from your return credit.
You must register on the Site to use your Promo Credit. Purchases of User Content are only permitted with a valid registered account on the Site.
You should safeguard the Promo Credit from unauthorized use. Except where required by applicable law, Promo Credit cannot be replaced if lost or stolen.
If we suspect misuse of the Promo Credit, it may be suspended or terminated. We may cancel the Promo Credit at any time, without notice.
No purchase is necessary to obtain Promo Credit. If you would like a $10 Promo Credit valid for 30 days from date of issue (one per registered user per year), please send your name, email address used to register with Flashnotes, and street address to Flashnotes, Inc., Attn: Promotions, at the street address set out in Section 17 (How to Contact Us), below.
Flashnotes reserves the right at any time in our discretion, and without prior notice, to discontinue the Promo Credit program or to change its rules, terms or conditions. Flashnotes also reserves the right to revoke or cancel specific Promo Credits at any time, for any reason, without notice. If you or Flashnotes cancels your membership, any unused Promo Credits will be forfeited.
Promo Credits are void where prohibited.
Flashnotes respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. If you believe your work has been infringed through the Site, please notify us by e-mail or by first class mail as detailed below, and provide the following information:
When we become aware that a piece of copyrighted content has been posted improperly on the Site, we take the following actions:
Under the federal Digital Millennium Copyright Act (“DMCA”), the alleged infringer may submit a counter notice. Once we receive a valid counter notice, we’ll provide a copy of the notice to the rights owner and inform them that the content may be reinstated after 10 business days if they don’t inform us that they have filed an action seeking a court order to restrain you from relisting.
Please be aware that if you knowingly misrepresent that material is or is not infringing, you may be subject to civil penalties. Such penalties may include monetary damages, court costs, and attorneys’ fees incurred by Flashnotes or others as a result of your misrepresentation. You agree we may provide your notice to the provider of the allegedly infringing material.
In compliance with the DMCA, Flashnotes has appointed an agent to receive notification of claimed infringement from a copyright owner. Send any infringement-related allegations to Flashnotes, Inc., Attention: Kate Adams, at the street address set out in Section 17 (How to Contact Us), below, or by email to email@example.com.
Flashnotes is not responsible for the User Content, accuracy or opinions expressed in such User Content posted or provided by third parties on the Site. Inclusion of any linked website or service on the Site does not imply approval or endorsement of the linked website or service by Flashnotes. In addition, Flashnotes is not responsible for any damage, injury or loss caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site or any linked services. Posts and linked services created and posted by users on, though or in connection with the Site may contain links to other websites or services. Under no circumstances will Flashnotes be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Site or Linked Services, online or offline.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLASHNOTES SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLASHNOTES SPECIFICALLY DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT POWER THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLASHNOTES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USER CONTENT, OR REGARDING THE RESULTS OF THE USE OF THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, OR RELIABILITY, UNLESS OTHERWISE SPECIFICALLY SET OUT ON THE SITE.
YOU AND FLASHNOTES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FLASHNOTES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER FLASHNOTES USERS.
To commence an arbitration against Flashnotes, you must complete a short form, submit it to the AAA, and send a copy to Flashnotes at Flashnotes, Inc., Attn: CFO, at the street address set out in Section 17 (How to Contact Us), below. For more information, see the AAA’s claim filing page, www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Flashnotes may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Flashnotes subject only to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Flashnotes, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Flashnotes users, but is bound by rulings in prior arbitrations involving the same Flashnotes user to the extent required by applicable law.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Flashnotes will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Flashnotes will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorneys’ fees and costs. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Flashnotes for all fees associated with the arbitration paid by Flashnotes on your behalf that you otherwise would be obligated to pay under the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential.
The provisions of the following sections will survive any expiration or termination of your relationship with Flashnotes or use of the Site: Sections 2 (Account Registration and Termination), 3 (Privacy), 4 (Proprietary Rights), 5 (User Content), 6 (Transactions and Payments), 10 (Reporting Infringement), 11 (Disclaimer of Warranties), 12 (Limitations of Liability), 13 (Indemnity), 14 (Agreement to Arbitrate), and 15 (Governing Law and Jurisdiction).
Phone: +1 (857) 277-0756
Faneuil Hall Marketplace
2 South Market Bldg., 5th Floor
Boston, MA 02109 USA
Last revision date: May 19, 2015