These Terms of Service (“Terms”) govern your access to and use of notable’s website (www.notablebot.com), and services (“Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Service, you agree to be bound by these Terms and by our Privacy Policy.
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- Using notable
a. Who can use notable
You may use our Service only if you can form a binding contract with notable, and only in compliance with these Terms and all applicable laws. When you create your notable account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Service, and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies (including our Community guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
c. Commercial use of notable
Unless otherwise expressly authorized herein or by us, you agree not to display, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the notable service.
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- Your content
a. Posting content
notable allows you to tweet directly from Discord. Anything you submit or otherwise make available on our Service is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you submit to notable.
b. How long we keep your content
This User Content is not stored nor used in any other way than explicitly declared.
c. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make notable more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, notable does not waive any rights to use similar or related Feedback previously known to notable, or developed by its employees, or obtained from sources other than you.
- Security
We care about the security of our users. While we work to protect the security of your content and account, notable cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
- Third-party links, sites, and services
Our Service may contain (back)links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by notable. We do not endorse or assume any responsibility for any such third-party sites, information, materials, Service, or services. If you access any third party website, service, or content from notable, you do so at your own risk and you agree that notable will have no liability arising from your use of or access to any third-party website, service, or content.
- Termination
notable may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-11 of these Terms. We reserve the right to refuse service to anyone.
- Indemnity
You agree to indemnify and hold harmless notable and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Service, (b) your User Content, or (c) your breach of any of these Terms.
- Disclaimers
The Service and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied. notable SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. notable takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
- Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, notable SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE Service; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE Service, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL notable‘S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Service EXCEED TEN EURO (€10).
- Dispute Resolution
For any dispute you have with notable, you agree to first contact us and attempt to resolve the dispute with us informally. If notable has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms under the exclusive jurisdiction of the Courts in Bucharest, Romania. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
- Governing law and jurisdiction
These Terms shall be governed by the laws of Romania and are subject to the exclusive jurisdiction of the courts of Bucharest.
- General terms
Notification procedures and changes to these Terms notable reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by notable without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire agreement/severability
These Terms, together with the Privacy policy and any amendments and any additional agreements you may enter into with notable in connection with the Service, shall constitute the entire agreement between you and notable concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and notable‘s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Parties
notable is a worldwide service and our reference to notable in these Terms includes notable RO and all of its worldwide subsidiaries.
Effective September 1st, 2022