Last Updated December 10, 2017
Welcome to the NoteFF ™ service (the “Service”), which refers to the cloudbased note service that NoteFF. These Terms and Conditions of Use govern use of the Service. By using or visiting the Service, the User agrees to be bound by these Terms and Conditions of Use, as well as the other policies posted on the Service.
Note: You may not use the Service if you are under the age of 13.
Article 1. Definitions
The main definitions used in these Terms and Conditions of Use are given below.
- “Public Account”
- refers to an individual or business entity that has created a password-without account with NoteFF to use the Service.
- “Private Account”
- refers to an individual or business entity that has created a password-with account with NoteFF to use the Service.
- refers to an individual or business entity that has created an account with NoteFF to use the Service.
- refers Subscriber
Article 2. Provision of the Service
- NoteFF, its business partners and their respective employees, officers, directors, shareholders, agents and representatives (each an “NoteFF Party”) provide the Service to Users.
- It is necessary to be connected to the Internet to use the Service. NoteFF has no involvement or responsibility with respect to how Users connect to the Internet or any issues related to a User’s Internet connection.
Article 3. User Eligibility
NoteFF does not intend the Service to be viewed or used by individuals under the age of 13. Individuals under the age of 13 may not be Users.
Article 4. Application of and Changes in Terms and Conditions of Use
- These Terms and Conditions of Use apply to all Users. The Service can be used only after agreeing to these Terms and Conditions of Use.
- NoteFF may, at its sole discretion, revise these Terms and Conditions of Use without the consent of Users, and the User agrees to and accepts this condition. Material changes in Terms and Conditions of Use will be announced by posting them on the Service. The User is responsible for checking these Terms of Conditions of Use each time before using the Service. Continued use of the Service following the posting of changes will mean that the User accepts and agrees to the changes.
Article 5. Subscription Period
After these Terms and Conditions of Use have been accepted by the Subscriber, the service start date is displayed on the Subscriber’s page. NoteFF may confirm establishment of a Subscriber’s account by sending a confirmation to the email address that the Subscriber provides.
Article 6. Period of Use for Users
- It will be updated in the future. Currently, it has no limit.
Article 7. Changes in Account
- The following Subscribers can apply to NoteFF to change Accounts as listed below.
- Public Account Subscribers can apply to change to a Private Account.
- Private Account Subscribers can apply to change to a Public Account.
Article 8. Additional Storage Space
- It will be updated in the future. Currently, it has no limit.
Article 9. Service Fee
- Currently, it has no fee.
Article 10. Verification; Password Management
- It has no need any private information to use the Service except note key is required. But, it should set a password to limit unwanted access. And it also should config an email address to recover when need.
- Users should carefully manage their configured email address and password and should not give third parties the information. Users who feel that a third party has obtained their password should immediately change their password.
- When an individual logs in using an note key and password (if has) of a User configured to use the Service, NoteFF considers the individual logging in to be the User who configured the particular note key and password (if has).
Article 11. Notification of Changes in Account Information
If there are changes to information that the User registered with NoteFF when applying to use the Service, the User shall promptly notify NoteFF of the changes using the online method stipulated by NoteFF.
Article 12. Intellectual Property
- All content included on the Service, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, (collectively “Content”) is the intellectual property of NoteFF or its licensors and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Service are the exclusive property of NoteFF and are protected by applicable copyright laws. All software used on the Service is the property of NoteFF or its software suppliers and is protected by applicable copyright laws.
- NoteFF ™, and NoteFF are trademarks, registered trademarks or service marks of NoteFF. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of NoteFF used on the Service may not be used without the prior written consent of NoteFF. Without limiting the foregoing, no NoteFF trademark, service mark or trade dress may be used in connection with any product or service that is not NoteFF’s, in any manner that is likely to cause confusion among users or customers, or in any manner that disparages or discredits NoteFF.
- Users are granted a limited, nonexclusive, revocable license to access and make noncommercial use of the Service after agreeing to these Terms and Conditions of Use, but do not acquire the intellectual property rights, such as copyrights related to the provided services. Users may not revise, rent, lease, resell, or distribute the Service or any part of the Service.
Article 13. Publicity Rights
NoteFF reserves the right to use the Subscriber’s name and logo as a reference for marketing or promotional purposes on the website and in other communication with existing or potential NoteFF users or customers. For example, NoteFF might list the Subscriber’s name and logo on one of its webpages under lists of NoteFF users or customers. NoteFF doesn’t want to list Subscribers who don’t want to be listed, so the Subscriber may send an email to email@example.com stating that it does not wish to be used as a reference.
Article 14. No Responsibility for Third-Party Content; Copyright Claims
Content on the Service may be provided by third parties, for instance as a result of submission by Users. Any opinions, advice, statements, descriptions, services, offers, information, or other Content expressed or made available by third parties on or through the Service (“Third-Party Content”) are solely those of the respective authors or distributors, and not of NoteFF nor of any NoteFF Party. None of the NoteFF Parties guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any Third-Party Content. The NoteFF Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any Third-Party Content, unless made by an authorized an NoteFF representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any NoteFF Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content, or any other harm arising from any Third-Party Content.
No NoteFF Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if a User believes that the Service contains Content that infringes copyright rights held by that User, the User may contact NoteFF at the e-mail address with the following information and signature:
- A description of the copyrighted work that the User claims has been infringed;
- A description of where the material that the User claims is infringing is located on the Service;
- The User’s address (including country), telephone number and e-mail address;
- A statement by the User that they have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by the User, made under penalty of perjury, that the above information in the notice is accurate and that the User is the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.
The notice should be sent to firstname.lastname@example.org.
Article 15. Third-Party Applications
The Service may contain links, login interfaces and other connections to thirdparty websites and applications (including, without limitation, websites, widgets, software and other software utilities) (“Application(s)”). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by NoteFF. Applications are provided solely as a convenience to Users and NoteFF is not responsible for and does not sponsor or endorse the content of Applications. Each User will need to make their own independent judgment regarding their interaction with Applications. Each User may choose, at their sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to the Service.
NoteFF may allow Users to log in to the Service using Applications provided by Facebook, Inc. (“Facebook”), Google Inc., LinkedIn Corporation, mixi, Inc., tumblr, Inc., Twitter, Inc., Windows Live by Microsoft, Yahoo! Inc. and other third-party services (collectively “Third-Party Accounts”) either as the sole means of logging in or as an alternate means. NoteFF may also allow Users to use other Applications and features, such as the Facebook “Like” button, so that Users may use information from their Third-Party Accounts on the Service and share activities and other information related to the Service via Third-Party Accounts. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by logging in using Third-Party Accounts and/or using other Third-Party Account Applications and features, the User hereby permits the Service to access information related to their Third-Party Accounts (including their profile information, friends and privacy settings), and the User hereby permits the providers of their Third-Party Accounts to check their account cookies when they are visiting the Service and to receive information concerning actions they take on the Service.
Article 16. ThirdParty Links
The Service may contain links to other websites. NoteFF is not responsible for examining or evaluating, and does not warrant the offerings of, any of the businesses or individuals operating such websites or the content of such websites. NoteFF assumes no responsibility or liability for the actions, products or content of any of these thirdparty websites. Users should carefully review the privacy statements and other conditions of use set forth in such websites.
Article 17. Sweepstakes, Contests, Promotions
Any sweepstakes, contests or similar promotions made available through the Service will be governed by specific rules separate from these Terms and Conditions of Use, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be considered Submissions and will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, the User agrees to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.
Article 18. Support
Except for situations when it is necessary to store a record of a communication, the User hereby agrees and accepts that all support from NoteFF is provided using email.
Article 19. Changes in the Service
The User hereby agrees and accepts that NoteFF may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting the User in advance.
Article 20. Suspension of the Service
The User hereby agrees and accepts that, in the following situations, NoteFF may temporarily suspend the Service without contacting Users in advance. Users are asked to please be aware of this when they use the Service.
- When conducting regular or emergency maintenance on the Service.
- When it becomes impossible to provide the Service for any reason such as fire, power outage, or accident.
- When it becomes impossible to provide the Service because of natural disasters such as earthquakes, volcanic eruptions, flooding, or tsunami.
- When it becomes impossible to provide the Service because of developments such as war, rebellion, rioting, civil unrest, or labor disputes.
- When there are unexpected technical problems.
- When NoteFF determines that it is necessary to temporarily suspend the Service for other reasons such as operational or technical difficulties.
Article 21. Suspension of the Service because of User
The User hereby agrees and accepts that NoteFF may suspend the Service to the Subscriber for any of the following reasons until the particular condition for resumption of usage of the Service is met.
- Reason for Suspension - It is important for NoteFF to contact the Subscriber, but it is not possible to do so. Condition for Resumption of Service - NoteFF is able to contact the Subscriber.
Article 22. Termination of the Service
- NoteFF may at any time end any Subscription or terminate the Service.
- Except where notice in not reasonably possible, if the Service is terminated, Users will be notified in advance through the website or other appropriate methods.
Article 23. Service Cancellation by Subscriber
Subscribers can cancel their Subscription at any time by submitting a cancellation request through the cancellation web page designated by NoteFF. The cancellation date is the date NoteFF receives the cancellation notification. The cancellation completion web page will note that the Subscription has been cancelled, and notification will be sent to the Subscriber’s email address.
Article 24. Repayments; Cancellations
Except for the conditions discussed in Article 23 (Service cancellation by Subscriber) of these Terms and Conditions of Use, Subscribers cannot withdraw (cancel) an application after the Subscription has been concluded.
Article 25. Prohibition on Transfer
Subscribers cannot transfer their Subscription to a third party without the prior written consent of NoteFF.
Article 26. Prohibited Items
Users are prohibited from directly or indirectly (through a third party) engaging in the following conduct, whether intentional or out of negligence.
- Conduct that infringes or may infringe on the intellectual property rights (such as copyrights and trademark rights, assets, privacy, or image rights of NoteFF or a third party), which includes transmitting material copyrighted by other parties or copies of that material without permission or transmitting personal information about others or corporate secrets.
- Conduct that is or may be detrimental or harmful to NoteFF or a third party.
- Conduct that infringes or may infringe on the human rights of a third party and conduct that violates or may violate social standards.
- Conduct that is or may be criminal, such as using the service to commit crimes including fraud and extortion or to incite a crime, and conduct that is or may be linked to criminal conduct.
- Conduct that hinders or may hinder NoteFF or the operation of the Service including any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any of the systems or networks comprising or connected to the Service using the Service.
- Conduct that damages, disparages or discredits or may damage, disparage or discredit NoteFF or the Service.
- Using or supplying harmful programs including computer viruses through the Service or in conjunction with the Service or conduct that may do so.
- Illegal conduct.
- Allowing a third party use the email address and password configured by a User to access and use the Service.
- Lending or transferring the Subscription to a third party without the prior written consent of NoteFF.
- Revising, leasing, renting, reselling, or distributing some or all of the Service.
- Using any robot, spider, dataminer, scraper or other automated means to access the Service or its systems for any purpose or to copy, probe, test or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by NoteFF or its business partners through the Service.
- Other conduct that NoteFF determines to be inappropriate.
Article 27. Termination of Subscription by NoteFF
- NoteFF can immediately terminate a Subscription without giving prior notice to the Subscriber if the Subscriber violates any term listed in Article 26 or any other terms stipulated in these Terms and Conditions of Use regardless of whether the violation is by, on behalf of or through the Subscriber.
Article 28. Handling of Personal Information
While NoteFF takes reasonable steps to safeguard and to prevent unauthorized access to personal information of Users, NoteFF is not responsible for the acts of those who gain unauthorized access, and NoteFF makes no warranty, express, implied or otherwise, that NoteFF will prevent unauthorized access to private information of Users.
Article 29. Consent regarding How the Service is Provided
- NoteFF does not guarantee that Users will not be negatively affected by using the Service, which includes negative impact caused by defects in the programs used to provide the Service, system troubles, and malicious individuals destroying or leaking information sent by Users. The User hereby agrees to this and uses the Service at their sole risk.
- NoteFF uses SSL encryption when providing the Service. The User hereby agrees and accepts use of the Services with this security level.
- NoteFF bears no responsibility for monitoring uploaded files or texts by Users using the Service.
Article 30. Consent for Access, Use and Changes to Data
- NoteFF pays attention to, and manages, information entered by Users when registering and information sent by Users, such as texts, and files.
- NoteFF may view and use information entered when registering or sent by Users in the following situations.
- NoteFF obtains the consent of the User.
- NoteFF is presented with a warrant from an investigative agency, there is a request from a court to disclose information related to an investigation, or there is a request to disclose the information from an administrative agency.
- NoteFF is legally obligated to provide the information.
- NoteFF believes that a User may have engaged in conduct prohibited by Article 26 of these Terms and Conditions of Use.
- It is necessary to do so in order to protect the life, physical wellbeing, or other important rights of the User or a third party.
- It is necessary to do so for maintenance of the Service.
- There is a necessity equivalent to the above items.
- In the following situations, NoteFF may delete some or all of the information registered or sent by Users. NoteFF is not responsible for deleted information.
- NoteFF obtains the consent of the User.
- NoteFF determines the User is engaging in conduct prohibited by Article 26 of these Terms and Conditions of Use.
- The Subscription is terminated by the Subscriber as stipulated in Article 23 of these Terms and Conditions of Use.
- The Subscription is terminated by NoteFF as stipulated in Article 27 of these Terms and Conditions of Use.
- The Service is terminated based on Article 22 of these Terms and Conditions of Use.
- There is a necessity equivalent to the above items.
Article 31. Exemption from Liability
- NoteFF bears no responsibility for damage caused to a User by a third party using the User’s email address and password regardless of whether it was provided intentionally by the User or through negligence of the User.
- NoteFF bears no responsibility for the misuse of credit cards by a third party; the issue will be handled by the User and a third party or credit card company, regardless of the intent of the User.
- NoteFF bears no responsibility for disputes between Users and entities such as credit card companies, payment service providers, or other financial institutions; disputes will be resolved by the involved parties.
- The user agrees that that none of NoteFF parties bears responsibility for direct, indirect, or actual damages incurred while the service is suspended as described in Article 20 or Article 21 of these terms and conditions of use or terminated as described in Article 22 or Article 27 of these terms and conditions of use, including damage caused by the user not being able to use the service, damage due to the interruption of work, damage from lost data, and lost profit that might have been possible by using the service.
Article 32. Limited Liability
The user hereby agrees that the service and all information, content (including thirdparty content), and services included on or otherwise made available through the service are provided by NoteFF on an “asis” and “asavailable” basis and use of the service is at each user’s sole risk. No NoteFF party makes any, and to the full extent permitted by applicable law, each of the NoteFF parties disclaims all, representations or warranties of any kind, express or implied, as to the operation of the service or the information, content (including thirdparty content), applications, or services included on, sold through or otherwise made available through the service. No NoteFF party warrants that the service, its servers or email sent from NoteFF are free of viruses or other harmful components or that the service will operate without interruption or that the service will be defect or error free.
No NoteFF party will be liable in any case for any damages of any kind arising from, related to or in any way connected with the service, the information, content (including thirdparty content), applications, or services included on, sold through or otherwise made available through the service, the use of the service, any links on the service, any applications, any email sent from NoteFF or any third party's unauthorized access to users’ personal information, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether any NoteFF party was given actual or constructive notice that damages were possible. Without limiting the foregoing, you agree that the aggregate liability of the NoteFF parties arising from or related to any form of action or claim, is limited to the service fees paid for the service.
Without limitation to the foregoing, the user expressly agrees that use of the service is at their sole risk.
Article 33. Compensation for Damages
Article 34. Governing Laws
The conclusion, force, implementation, and interpretation of these Terms and Conditions of Use are governed by the laws of the Japan. Users agree that the laws of Japan, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between Users and NoteFF or any other NoteFF Party.
Article 35. Jurisdiction
The Osaka District Court will be the court of first instance with exclusive jurisdiction for all disputes in connection with these Terms and Conditions of Use, any Subscription or any dispute of any sort that might arise between Users and NoteFF or any other NoteFF Party.
Article 36. Discussions
Should a problem between NoteFF and a User related to the Service arise, the User hereby agrees to conduct discussions and work in good faith with NoteFF to resolve the problem.
Article 37. Communications
The User hereby consents to receive communications from NoteFF by email. NoteFF will communicate with Users by email or by posting notices on the Service, and the User hereby agrees that all agreements, notices, disclosures and other communications that NoteFF provides in this manner satisfy any legal requirement that such communications be in writing.
Article 38. Severability
If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms and Conditions of Use.
Article 39. Delay in Enforcement
No delay or failure to take action under these Terms and Conditions of Use shall constitute any waiver by NoteFF of any provision of these Terms and Conditions of Use.
Article 40. Complete Agreement