You may only have one Flashnotes.com account for use of the websites and the services; you may not create or use more than one account. 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.com. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. 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. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree to notify Flashnotes.com immediately if you suspect any unauthorized use of your account or access to your password. Flashnotes.com has the right to terminate your account for any reason at our sole discretion.
Flashnotes.com provides a variety of services, both online and offline, designed to improve the overall academic experience and performance. Our Services currently include:
We may in our discretion identify any user to third parties, and/or disclose to third parties any content or information, including but not limited to personally identifiable registration information, either (i) in response to a law enforcement request for such information; or (ii) in response to a request for information relating to an investigation into plagiarism or cheating by a school, or body empowered by a school, to conduct such an investigation.
Flashnotes.com is owned and operated by Flashnotes, Inc. Unless otherwise specified, all materials appearing on Flashnotes.com, or one or more of its affiliated websites, including the text, site design, logos, graphics, icons, etc., as well as the selection, assembly and arrangement thereof, are the sole property of Flashnotes.com and, if applicable, its licensors. You may only use the content of Flashnotes.com for your own personal use. You agree not to view, copy, or procure content or information from Flashnotes.com by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by Flashnotes.com, Flashnotes, Inc., or one of their affiliates under separate written agreement. No materials from Flashnotes.com 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 Flashnotes.com 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 referred to as "submit") any outline, class or lecture notes, problems, suggestions, ideas, solutions, questions, answers, comments, testimonials, feedbacks, messages, images, texts or other materials ("User Content") to Flashnotes, any Flashnotes employee or contractor, or a Flashnotes, or affiliate, website, you grant Flashnotes and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Flashnotes (or any affiliates, or third parties, selected 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 the 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 the User Content. Flashnotes is not required to host, display, or distribute, and may remove at any time, any User Content. Although Flashnotes will not modify or edit any Content, it does reserve the right to change the format, sizing, and any other display specifications of the Content as it sees fit. You represent and warrant that (a) you own the User Content submitted by you on, through or in connection with Flashnotes.com, 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 Flashnotes.com and/or affiliate websites and/or services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. This "User Content" section shall survive any expiration or termination of your relationship with Flashnotes.
We may, but are not obligated to, review User Content prior to posting it on or distributing it through Flashnotes.com, or one or more of our affiliated websites, or allowing such User Content to be distributed through Flashnotes.com, or one or more of its affiliated websites. This includes private messages exchanged by you and other users through the Websites. We reserve the right to prohibit any User Content from being distributed and we may remove User Content from the Website at any time for any reason.
You are solely responsible for the User Content you submit, through or in connection with Flashnotes.com, or one or more of its affiliated websites, and any material or information that you transmit to other users and for your interactions with other users. The following are examples of the kind of User Content that may not be posted on Flashnotes.com, and the types of activities that are not permitted through Flashnotes.com. In addition to removing such prohibited materials, Flashnotes may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that Flashnotes determines:
Prohibited activities include:
Flashnotes.com permits users to upload and in some cases sell Content for the purpose of aiding others in the education and learning process. Users may not post Content created or owned by another person, represent and warrant that: (a) each created and is the sole owner of all Content posted to Flashnotes.com, or its affiliated sites, and all rights in such Content, including, without limitation, copyright and (b) the posting of Content on or through Flashnotes.com, or its affiliated sites, will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any third-party. Users agree to pay for all royalties, fees, and any other monies owing to any third-party for any Content provided by you to Flashnotes.com, or its affiliate sites. Users of Flashnotes.com, or its affiliated sites, agree to exclude from such Content any documents, records or files made accessible to them by your school, professor or other instructor, any board of examination, any author or publisher whose works have been used as part of studies or any co-student.
In creating study related content, students must respect any intellectual property rights that others may have in content. All Content posted on Flashnotes.com, or its affiliated sites, must be independently created, transformative and non-derivative. It should not be a transcript or recording of another's independent efforts, nor should it copy from materials purchased from or created by others. It should go beyond simply summarizing material covered in class or in written or recorded materials, but include information raised by students in or outside of class, and independent thought, analysis and commentary. Class notes, for example, must be substantially rewritten after class and include independent thought and analysis, research and information; notes that use a lecturer's words or that are not carefully reviewed, rethought and rewritten after class are not useful to or appreciated by students, and not permitted on Flashnotes.com, or its affiliated sites. Flashnotes does not guarantee their accuracy or completeness; they are simply an aid to the study process.
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 any Flashnotes.com service if such use is contrary to your school policy or the instruction of your professor.
If you receive a promotional use credit ("Promo Credit"), it may be used on the Site as follows:
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 Websites or the Services, please notify us by e-mail or by mail as detailed below, and provide the following information:
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.com, Flashnotes, Inc., or its affiliates, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of reliance upon your misrepresentation. You agree we may provide your notice to the provider of the allegedly infringing material. We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
Phone: (857) 277-0756 E-mail: firstname.lastname@example.org Regular mail: Flashnotes, Inc., 2 South Market Bldg 5th Floor, Boston, MA 02109
Flashnotes is not responsible for the User Content, accuracy or opinions expressed in such User Content posted or provided by third parties on Flashnotes.com and services or linked services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Flashnotes. Inclusion of any linked website or service on Flashnotes.com 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 Flashnotes.com services or by any of the equipment or programming associated with or utilized in the Flashnotes.com services or Linked Services. Posts and Linked Services created and posted by users on, though or in connection with Flashnotes services may contain links to other websites or services. Flashnotes takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with Flashnotes services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Under no circumstances will Flashnotes be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of Flashnotes.com, or any of its affiliate websites, services or Linked Services, attendance at a Flashnotes event, from any user Content posted on or through Flashnotes services or Linked Services, or from the conduct of any users of Flashnotes services, whether online or offline. This "Disclaimers" section shall survive any expiration or termination of your relationship with Flashnotes.
FLASHNOTES.COM AND THE SERVICES THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER 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, INC., FLASHNOTES.COM, OR ITS AFFILIATED COMPANIES, SPECIFICALLY DO NOT WARRANT THAT THE FLASHNOTES.COM OR SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE FLASHNOTES.COM, THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLASHNOTES DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICE, OR REGARDING THE RESULTS OF THE USE OF THE WEBSITES OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE WEBSITE.
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, Faneuil Hall Marketplace, 2 South Market Building, Boston, MA 02109. For more information, see the AAA's claim filing page, http://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 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 attorney fees. 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.
Last revision date: 08 January 2015