These terms govern your use of FoxyNotes. (FoxyNotes,” “we”, or “us”) and our website, along with our related websites, APIs, networks, applications, mobile applications, and other services provided by us, including FoxyNotes and FoxyNotes Premium, (each as defined below, and collectively, the “Service”). These Terms of Service are a legally binding contract between you and FoxyNotes regarding your use of the Service. IMPORTANT: BY USING OUR SERVICES, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, PLEASE DO NOT USE THE SERVICES. This Service provided by FoxyNotes is intended for use as is. Don't misuse our Services Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. We may suspend or stop providing our Services to you if you do not comply with our terms or policies.
To use the Service and Websites you must be, represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. If FoxyNotes has previously prohibited you from accessing or using the Service, you are not permitted to access or use the Service and the Websites.
You are solely responsible for maintaining the confidentiality of your account, and you are responsible for the activity that happens on or through your account.
FoxyNotes is built as a Freemium app, only certain features of the Service may require you to pay fees. Before you pay any Fees, you will have an opportunity to review and accept the fees that will be charged. "Fees" means all fees associated with your Subscription.
FoxyNotes reserves the right to determine the pricing for the Service. FoxyNotes may change the price of any feature of the Service; if this occurs, FoxyNotes will provide you advance notice of the changes before they apply. FoxyNotes also reserves the right to suspend your account if your account becomes overdue and is not brought current within seven (7) business days. The suspension will not relieve the customer's obligation to pay the amounts due.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use, and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the FoxyNotes Privacy Policy and these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Violations of this Section. In addition to any other remedies that may be available to us, FoxyNotes reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for FoxyNotes.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.
The Service and Websites may provide (i) information and content provided by third parties; (ii) link to third-party websites or resources, such as sellers of goods and services; and (iii) third-party products and services for sale directly to you. FoxyNotes is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that FoxyNotes 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 the use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
By creating an account on our Google Drive Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party rights; not to commit a tort, and that you are solely responsible for your conduct while on the FoxyNotes Services. Except as expressly permitted in these Terms, you may not, and shall not allow an Authorized User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Sites to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Sites or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Sites; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service or Sites, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Sites, or any part thereof; (v) take any action that imposes or may impose an unreasonable or disproportionately large load on FoxyNotes or the infrastructure which supports the Sites or Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service or Sites, or any related activities; (vii) remove, deface, obscure, or alter FoxyNotes or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Sites, or use or display logos of the Service or Sites without FoxyNotes prior written approval; (viii) use the Service or Sites for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Authorized Users) to do any of the foregoing.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service. FoxyNotes may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the FoxyNotes Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms. If there is a conflict between these terms and the additional terms, the additional terms will control that conflict. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved following the version of these Terms that was in effect at the time the dispute arose.
FoxyNotes does not disclaim any warranty or other right that FoxyNotes is prohibited from disclaiming under applicable law. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER FoxyNotes NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SERVICE IS PROVIDED "AS IS". WE CAN NOT PREDICT WHEN ISSUES MIGHT ARISE WITH OUR SERVICES. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCE WILL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE FoxyNotes SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE AND/OR PURCHASE OF SERVICE ARE ALL AT YOUR SOLE RISK.
These terms control the relationship between FoxyNotes and you. They do not create any third-party beneficiary rights. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify FoxyNotes and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees. If it turns out that a particular term is not enforceable, this will not affect any other terms.
The purchase contract is concluded with Sergej Sachs and FoxyNotes