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Using Flashnotes

These Terms of Use, including the associated FlashNotes.com Privacy Policy and other applicable FlashNotes.com policies published on our website, or websites, (the "Terms of Use") set out the policies, rules, and conditions that govern your use of our website(s) and the services provided thereby, regardless of how you access them (e.g., directly through our websites, or through any third-party website that links to them ("Linked Services")), and regardless of whether you are a registered user or a guest. By using the websites or the services, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use FlashNotes.com or the services provided thereby and you must cease all such use immediately.

Account Registration & Termination:

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.

Description of the FlashNotes.com Service:

FlashNotes.com provides a variety of services, both online and offline, designed to improve the overall academic experience and performance. Our Services currently include:

  • Academic course-related services, including information regarding class schedules, ratings of classes and/or instructors
  • A student marketplace for independently created outlines, notes and study guides

Age and Residence Requirements:

FlashNotes.com is available to individuals age 13 and over. If you are between the ages of 13 and 18, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. All financial transactions will be processed in U.S. dollars.

Privacy:

We understand your privacy is important to you, and that you care how your personal information is collected, used and shared with third parties. We appreciate your business and the trust you put in us when you provide your personal information while using FlashNotes.com and our services. Our policies and practices regarding our users' privacy and personal information are detailed in the FlashNotes.com Privacy Policy which is a key component of our Terms of Use and is incorporated herein by reference.

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.

Proprietary Rights:

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.

User Content and Activities:

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:

  • is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual
  • solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users
  • harasses or advocates harassment of another person
  • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website
  • exploits people in a sexual or violent manner
  • publicly posts information that poses or creates a privacy or security risk to any person
  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • involves the transmission of junk mail, chain letters, or unsolicited mass mailing, instant messaging, spimming, or spamming
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
  • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
  • includes a photograph or video of another person that you have posted without that person's consent
  • violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person
  • involves commercial activities and/or sales without prior written consent from FlashNotes such as contests, sweepstakes, barter, advertising, or pyramid schemes

Prohibited activities include:

  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our website and/or the services provided thereby
  • unauthorized advertising to, or solicitation of, any user to buy or sell any products or services
  • 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
  • modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from our websites
  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any FlashNotes page via HTML/CSS or any other means
  • interfering with, disrupting, or creating an undue burden on FlashNotes.com or the networks or services connected to FlashNotes.com
  • activity unrelated or disruptive to FlashNotes.com, submissions that force browsers to scroll horizontally, large blank or content-free submissions, Bumping multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including fad topics, hard-to-read topic titles (e.g., ALL CAPS, aLtErNaTe CaPs, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics
  • displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of FlashNotes.com on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by FlashNotes, or sending messages with a commercial purpose
  • any automated use of FlashNotes, such as, but not limited to, using scripts to send messages or posts
  • using FlashNotes.com services in a manner inconsistent with any applicable law

Service Modifications:

FlashNotes reserves the right, in our sole discretion, to make changes to the website, or websites, and the services provided thereby at any time. Any description of the services provided by FlashNotes is not a representation that the services are working or will always work in that manner, as FlashNotes is continuously updating its website, or websites, and the services, and these updates may not always be reflected in the Terms of Use.

Outlines, Study Guides and Notes:

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.

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.

Class notes and study guides are solely for the specific use of students in the designated class for which they are created. Individuals who are not registered for a class may not purchase study guides, class notes or outlines for that class. Check the accuracy of all information from study guides, class notes and outlines – FlashNotes does not guarantee their accuracy or completeness; they are simply an aid to the study process.

Reporting Infringement:

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:

  • Your contact information, including name, address, telephone number, and e-mail address
  • A description of the copyrighted work you claim has been infringed (including, e.g., the title, ISBN and other identifying information)
  • A reasonably specific description of where the allegedly infringing material is located on the websites (including, e.g., the URL)
  • A statement by you that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law
  • Your electronic or physical signature
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
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.

How To Contact Us:

If you have questions about FlashNotes' Terms of Use, contact us by:


       Phone:  (857) 277-0756
      E-mail:  support@flashnotes.com
Regular mail:  Flashnotes, Inc., 
               2 South Market Bldg 5th Floor,
               Boston, MA 02109

Disclaimer of Warranties:

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.

Limitations of Liability:

IN NO EVENT SHALL FLASHNOTES.COM AND/OR FLASHNOTES, INC. (INCLUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITES OR THE SERVICE, EVEN IF FLASHNOTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE ENTIRE LIABILITY OF FLASHNOTES (INCLUDING ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS) UNDER THESE TERMS OF USE OR OTHERWISE IN CONNECTION WITH THE WEBSITES OR THE SERVICE SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS PAID BY YOU TO FLASHNOTES IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, FLASHNOTES'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH FLASHNOTES.

Indemnity:

You agree to defend, indemnify and hold harmless FlashNotes, its subsidiaries and affiliates (including their respective owners, directors, officers, employees, agents, representatives and agents) from and against any and all loss, liability, claims and demands (including, without limitation, reasonable attorneys' fees, costs and expenses) arising out of, or relating to: (i) any violation by you of the Terms of Use, or (ii) any breach of any of your representations or warranties in the Terms of Use. These indemnity obligations shall survive any expiration or termination of your relationship with FlashNotes.

Last revision date: 01.10.2014