Date: 28 august 2017-that is new "
Welcome to evernote.
We invite you to visit our website, and to use Evernote-service
This, however, is their consent to the present conditions provided.
This paper your and our rights in relation to the provision of the following further defined service described in detail.
Read it carefully. therefore ask conditions
What are the conditions?
The terms of use is a treaty between them and evernote.
Conditions include provisions that in this document, the data protection directive, the terms and conditions of the guidelines for users and, evernote Business-vereinbarung in and other conditions laid down by Ip-compliance-programm evernote, which we are possibly at the appropriate time in connection with single offered services and in which they have agreed to (together known as the " conditions ') " or " conditions.
If they are not in these conditions, they are not entitled to agree on our service access or to use it.
Service register or if they are for our otherwise benefit our service, we assume that you agree the conditions and agree a party to this treaty to be legally binding.
By service use it without any limitation willing all provisions of the directive on data protection, including in accordance with the data protection directive the use and processing of texts, images or other of them entered or stored or in evernote upload content ") (" evernote, as well as of their personal data.
What Evernote-service is?
The Evernote-software (as defined below), and other products, services and websites Evernote-service by or provided-including our evernote hosted, and the sides of the user forum App-center range " assistance and training '-in these together as '. " service conditions
In exchange for the use of this service do you agree, comply with those conditions.
Who are the parties to this treaty?
They are one of the parties (as the account holder.
In an account holder is the person or legal person who either as an individual users of basic, plus or premium or as evernote customer pursuant to a contract with evernote received evernote Business-vereinbarung).
If your place of residence or the usa and canada, is based in the company is headquartered in california (usa corporation evernote) the other party.
If your occupancy and is the company's headquarters in brazil evernote do brasil serviços de Aplicações ltda.
With headquarters in são paulo (brazil) () also known as " the other party. ') evernote brasil
If your place of residence or outside of brazil, canada and the us headquarters, is the company is headquartered in zurich (switzerland evernote gmbh) (the other party.
Evernote evernote gmbh and the corporation, in the terms of use occasionally evernote brasil briefly as a ", " " we evernote " or " us. ")
In some cases they can products or of an authorised dealers earn. and Service-abonnements
Read more about the terms and conditions in relation to such terms any additional purchases to find out.
This is the only treaty that i shut? evernote
That depends on how they and the software applications used. Evernote-service
Evernote-software if you on your computer, or smart phone, they will install tablet asked to say yes. in a Endnutzer-lizenzvertrag, where appropriate,
Kostenpflichtiges Evernote-abonnement if they acquire you are prompted to in the terms and conditions to say yes.
Evernote-produkte ‑ related or when they (for example, business services) or to our benefit evernote involved, it is necessary, user forum to an additional agreement with us (usually is that by on " agree " or " accept " button.
We call each of these agreements as separate agreement.
Any contradictions between the terms of a separate agreement and the conditions of use, shall enjoy the separate agreement in terms of such a contradiction and in respect of the relevant subject of separate agreement shall take precedence.
Can conditions be subject to change this?
These conditions may change if new functions, technologies or legal requirements exist.
Throw so every once in a look at this page to always up-to-date.
Substantial change, we will inform you when and where appropriate their consent it.
These conditions if we update you will have, either in the updated or the use of our service to agree conditions (see the section " how to my account closed?
Below).
Then service after entry into force of such an update to take, it shall be deemed consent in the new conditions and a letter, legally bound by them.
Except changes in the way described by us are made, no additions or amendments to these conditions, effective unless they are written agreement in which these conditions have changed and those of them explicitly and us was signed.
‑ mails to clarify, e or other forms of communication to this end, different written agreement no effective.
What should i do if i wish to use the Evernote-service?
They account for the first register. Evernote-service
Give this to e and set a password ‑ email address. (
Older accounts for some also had to be given.) a Nutzername
We call this information as " " or sometimes " credentials of subscribers. " basic data
We recommend a unique and not simply to password to use them for the erratendes no other service benefits.
They are responsible for ensuring that their credentials, complete and are confidential. applicable
Fernern they are responsible for all activities under your account, including activities by third parties, which they take place their credentials supplied.
We are not liable for any loss or damage that arise, because they are not correct transmit data or your credentials does not protect.
Unauthorised if they use their credentials say or think that third parties are in a position, without authorization to their private content, you should change your password immediately access and our contact. Kundensupport
Then you can via a web browser or on our on their computers, of tablets and smartphones, into the account access can install.
Purchase thereof and the assumption of costs for the internet and mobile fall within its responsibility. use of the data
Evernote is also nor for the availability of the internet and other responsible for telecommunications services ' access to the service is required.
Can my account with another person is?
Evernote-service accounts for the should not be shared by a number of users.
If your credentials with other person, they can control its share, and we can not take account of changing who is proper account holders.
We accept in these circumstances, no liability towards them (or other persons, with whom she your last. fm credentials) for the consequences of their acts parts or acts of other persons.
Free Evernote-service because we accounts for the offer and a series of mechanisms in order to provide them content for other persons released them we would from their credentials specifically to other persons, unless this is done to pass as part of its Nachlassplanung.
What rights in relation to the i as the account holder Evernote-service?
They account and produced within these conditions have agreed, we grant you a limited but not exclusive license to use this service under these conditions.
This shall apply unless the use of them not by law are forbidden, service, and until her account voluntarily or we close its account pursuant to these conditions disabled.
Also universal, and we grant you a personal, non-transferable, not exclusive freephone, to use the you Evernote-software or on behalf of evernote is made available.
This licence is valid only for the purpose, and the service under Evernote-software the provided and the conditions to use Evernote-software licence conditions, until their rights under the licence or these conditions should be repealed.
They have no other rights or demands on or in the service. evernote
Principles on data protection in the of says: ' my data evernote belong to me. "
What is it?
Copyright and all other rights which they already possessed, before you at the content on the service sent published, remain with them or appropriate.
Evernote below as they must, however, a restrictive license, so that we give described their data within the service accessed and used.
Limited except the licence and other rights they under these conditions, recognizes that we grant under this evernote conditions any rights or any demands on its content.
What where the licence, which i must be evernote?
Evernote service to operate, we need from them for treating certain limited copyrighted content from marketing rights, so that the technical measures in the framework of the establishment of service not as a breach of applicable law can be seen.
Could copyright, for example, us to processing, maintenance and distribution, storage, protection from unless certain content, you give us these rights.
Using service and uploading content give a licence, in accordance with their content display evernote, play, to distribute, to modify (for technical purposes, for example, to ensure that the contents of smart phones, computers, and other devices may be displayed) and multiplying in the operation of the service to be provided. evernote
Beyond do you agree that is entitled, at their own discretion content evernote, i guess, store, item to display to publish or to provide.
They acknowledge that these rights and licences, transferable, worldwide and free of charge are valid (irrevocably unterlizenzierbar while their content with us are stored) and to third parties, with such content evernote with regard to the provision of a contractual relationship which evernote service has made to make available and these rights to these third).
Such consent shall apply only for the purpose, to provide such services and access to content or otherwise third disclosure of content to allow vis-à-vis third parties if concludes that a evernote such access or such disclosure to respect the legal obligations is required.
When deciding, a service or an integrated use of integrated evernote third party to use it also that the willing licences granted from the previous (also evernote for content apply by means of such service or such use third party provided or will be uploaded.
Should they use, or the use of the service on their content or access Drittanbieters access, give the right and the licence, the evernote each access to their content and their Drittanbieter retrieval to allow.
Evernote assumes no responsibility or liability in respect of such acts or omissions by third parties offered applications or services.
We on their rights granted to upload and distribute its content need you to explain and guarantee (1) that they have evernote, the full rights and powers, their content to to provide within the framework of evernote use of service in every way to use to publish or otherwise to distribute and evernote under these conditions, and rights granted to grant (2) that the content of our guidelines for users and comply with these conditions.
Finally note and do you agree that the implementation of the necessary technical measures by evernote to provide the service to users, where appropriate, changes to their content may make the necessary to the content in accordance with the technical requirements of the acquired networks, equipment, services or media.
Evernote? what further assurances i have
Evernote-service if they use to messages to an email address, via sms at a telephone number or through an account of a social network (e.g. facebook or to send the and the, linkedin not with a is linked, such messages sent Evernote-konto evernote on his behalf and we have confidence in your assurance that you in a directly related to the addressees are and respect their rights, certain news not to receive (for example, messages or sms and harassing undesirable). unwanted advertising messages
Dispatch any kind of message with each to third parties and to guarantee explain that they act and the evernote consent by the respective gesetzeskonform recipients have them such a message to send.
There are rules for what i do? with the Evernote-service
Yes.
The use of the service shall be subject to those conditions.
In relation to the use of the service that they do you agree for their own behaviour and all acts as part of their account are responsible.
This means that all under her account, transferred, stored, displayed content produced under the responsibility of the person only of their content and the service has sent him to drawn up.
This provision shall apply regardless of whether the individual's private, has been released or content using the service or in the application of such a service or third integrated Evernote-service was sent.
Directives users find further details on unauthorised use of service.
If we find that any of your account released against our content (including violate the conditions of use contrary or others), data protection rights other wto members we reserve, before the release of such content to withdraw or the content not to remove.
Probably evernote itself has some rights in relation to the service?
That's right.
You will find below details:
Rights of content
Evernote-service stored their content in their property rights of third parties are subject to any ().
Recognize, however, that our own all) (evernote licensor, use and other rights and property rights at and in respect of the service is service, including any software that is part of the service, and all of them or third parties set up to capture by external content; for example, Evernote-software, web, the clipper evernote Scannable evernote site or compatible, for any Memory-widget Evernote-anwendungen the access to and the Edv-geräte use of the service on such a device enable (the " "). Evernote-software
Other wto members (intellectual property rights)
By their consent to these conditions you also that the willing and at the rights to the service, including all other wto members, such as trademarks Evernote-software missile, patent and copyright, designs, ‑ ‑ in addition to these conditions and all separate agreements by copyright and trademark law or history and legislation to protect industrial secrecy and by other laws, rules and agreements are protected.
In particular, do you agree not to modify or derived from her Evernote-software versions to compile them not to dekompilieren or otherwise the source code to gain any unless Evernote-software you under a free software license explicitly allows, we give them an explicit written authorisation or are otherwise entitled to do this in spite of this ban.
Right to changes to the service
We shall, at their own discretion new elements as part of the service or addition to the service to implement, including changes to the current operation of the service or the Evernote-software may have an impact.
We assume that such changes our entire service, but it is possible that improve they disagree.
We shall also, in the nature or the extent of the available to them repository, the number of transfer which means for transmission and reception of storage, the nature or the e Mail-nachrichten to index, or the nature or their continued possibility Bibliotheksdaten of access or the distribution of their content and other data and-with or without notice at any time limit-other limitations.
Evernote basic benefit, if you don't come, for example, to enjoy all the benefits that we subscribers of plus, evernote premium or evernote business offer. evernote
Recognize also that various acts of access to their content or the evernote use of the service at certain times and for limited periods or permanent affect or avoided, and acknowledge that not responsible for any consequences of such acts evernote yet; this also applies to the liable erasure or any content, without being limited to unavailability.
They acknowledge that we do not even for them to third parties, failure or changes the cessation of all parts of the service should be liable.
Subscriber evernote when you had of plus, premium, or any other business evernote evernote paid variant of the service (service both ") are of the opinion, kostenpflichtiger that such an amendment or such a failure of the negative impact for them, has paid service you may feel with a description of their situation to our customer service and, if necessary ask the denunciation of the paid service request.
After receiving such a request, we will at their own discretion or under the applicable law by the effort to address immediately change caused negative effects the duration of the subscriptions to paid the duration to extend period of default is or you the fees for the remaining duration of the contract in accordance with the subscription pro rata to spare paid subscriptions.
Entrustment right to third
Evernote to certain enterprises or other related third party (" " or " service providers ') in order to Serviceprovider, technical or other services in connection with the service to provide, and this in such a participation of these service providers willing.
Evernote may also with the distribution of the third as a Reseller, plus premium and Service-tarife evernote business and instruct evernote evernote cooperate to payments in their respective Zahlungsabwicklern currency and their respective payment system.
Please consult our about the extent to which such data protection directive related companies and, where appropriate, third access to data or your account may be content.
Resellern details of our relations with and can be found in our Zahlungsabwicklern. conditions
Right to the use of software third
Evernote may as part of the service and the sometimes provided by third parties include software Evernote-software with the approval of each and to the terms of this third licensor copyright owners is used.
Details such software can be found here and in the relevant third. Evernote-software
In relation to such software includes any guarantee or other third evernote explicitly to assurance you out.
Right to update our software
In respect of any change to the service can sometimes automatically to their computers and software updates, evernote equipment which serve the purpose of the download service to improve to extend to repair or.
Evernote will endeavour to make them the choice whether they update or not. install
Under certain circumstances (e.g. risks, however, they invite the), evernote update to install in order to continue to service access.
In any case, do you agree that you this as part of its updates evernote use the service may (your reception and to allow).
These conditions shall apply also to users of evernote business?
If the service in connection with a use is subject to the use of these evernote Business-konto conditions as far as the separate agreement on provisions. no evernote Business-konto opposing
The customer's contract entered into and the administrator of the evernote (referred to in the definition of " evernote Business-kontos news " and " administrator and subsequent evernote) are responsible for and Business-vereinbarung shall undertake the conditions of such special agreement to each person whose is linked with the evernote Nutzerkonto (") " end-user Business-konto.
As end-users of note that the evernote Business-kontos customer of the (e.g. her employer or evernote Business-kontos your company), where appropriate, in relation to its own rules for end-users access, use, disclosure and storage of data has set in this account are stored.
Details are interrelated private and can be found in our Evernote-konten evernote Business-konten data protection directive and in the area of assistance and training ' in this article.
Evernote responded as to violate copyright or other other wto members.
We respond in a clear and full information on alleged violations of copyright, brand, legislation which comply with the requirements of this Immaterialgüterrechten (which in our view, with the digital millennium copyright act (dmca) and other applicable laws are compatible).
If they believe that their injured, please inform our other wto members Compliance-team according to the instructions, so that we pursue the concerns of our can Ip-compliance-programms.
Please note that the holders of for the protection of their rights and the Immaterialgüterrechten take all legal or other measures which they deem themselves are responsible, and no obligation subject to certain measures to evernote enforcement or to protect those other wto members on behalf of the party to take.
May children and minors use? evernote
Evernote is not directed at children and minors, and any use by minors should only under the guidance and supervision, in agreement with the parents or guardians teachers be authorised.
Moreover, parents or guardians to ensure that the service benefits if they only minors their rights and obligations pursuant to these conditions and our data protection directive understand.
Evernote recorded in accordance with applicable law without consent of the parents are not personal data of minors.
We aware that we should gain such data received and, therefore, against unintentional existing law, which the collection of data by children without such consent, we will delete them immediately. prohibited
Where are my data stored?
The service is available worldwide, their data are, however, as in the data protection directive described in the united states saved.
Service if you use do you agree that the transfer of their electronic communications (including their and content) where appropriate, via computer networks authentication data in the possession of his and other third evernote Serviceprovidern california and other locations in the us and other countries are carried out.
It is therefore in the use of service likely to and, where appropriate, international data transmission between us states in which it through the use of data transmission of service agree.
How can my account.
Can do your account by our service from any cause (at any time and without giving any reason) disabled.
To do so, however, certain steps followed in the field " assistance and training in article disable and described a reactivate Evernote-kontos.
Kostenpflichtiges when they have completed, they need the subscription terms and conditions in accordance with our subscription quit.
Evernote may in certain circumstances with or without prior announcement pursuant to these conditions their use of the service limit access to its account temporarily suspend or its account closing.
The reasons for the setting of access or the closure of the account include: (i) breach of these conditions (including our directives for users) and a separate agreement; (ii) for a longer period of inactivity (at the discretion of), (iii) evernote failure to payment of fees or other sums due in or another contracting party in connection with evernote the use of the service, (iv) the cessation or fundamental change of the service (or of parts of the service), or (v) technical or safety or a major unexpected problems not supported use.
Usually you will be in the event of close its account at least 30 days in advance by the message to you supplied e to inform ‑ email address able to put their on the case of service content (unless included stored legal requirements we such a notification to prohibit them the dispatch or retrieving content to allow).
After that you can in this account contained Benachrichtigungsfrist content not more and service not otherwise access on this account benefits.
What is happening with my account, when i die?
Evernote, data protection for the promise of their content to ensure remains in the event of death or legal incapacity.
A person if they have access to the content or other data in their account for a time in which they wish to grant no longer will be able to access to grant, they must themselves, for such a provision concerns.
We give their data and content to any further, does not participate in their closest relatives; unless we are obliged by law.
We recommend that you credentials with instructions to the access to their content in her will or your other orders, so that the desired include persons over the necessary information.
Further information on the end of payments for payment services on death or legal incapacity can be found in our terms and conditions.
I got a great idea i evernote to present.
What do these operations rights?
Evernote if you on our website by, or on any other support or contact e-mail user forum channels or any procedure ideas, suggestions or proposals, documents relating to the service (or other products or services) submit (in the " ') contributions do believe in it and do you agree that: (i) their contributions do not contain confidential or proprietary information; (ii) evernote is in relation to the contributions either explicitly or implicitly to confidentiality; (iii) shall be entitled to any such contributions evernote purposes, and in any way to use or disclose (or opposed the use or disclosure to decide); (iv) it may be that something is considering or developed already evernote, that with such a contribution is comparable; (v) their contributions go automatically in the property of on without it any evernote obligations towards them, and to evernote and compared to evernote under any circumstances in any kind of invoicing, remuneration or reimbursement right.
Evernote advertising is appropriate?
Our model is aimed at our service to ensure that our users as useful for a kostenpflichtiges decide. subscription
Sometimes we show as part of the service or in connection with the service, however, for the advertising and promotion actions sometimes third figures.
Further details can be found in our data protection directive and the instructions to cookies.
Common content of some of us are based on information advertising or other news provided by third parties.
We are not responsible, or should be liable for any loss or damage in any form, as a result of them advertising or other messages emerge.
In addition, all its interactions with, to which you in or on advertisers encountered the service-including the confidence in the advertisements and all related transactions and legal obligations-only between them and the respective advertisers.
What else could i know?
Left programming, content and by third parties
As part of the service or in connection with the service we can resources, materials and on websites, content and developer or left applications include third or recommend.
Where appropriate, we have little or no control over such websites and developer, and accordingly do believe in it and do you agree that: (i) we are not for the availability of such external websites, content or applications; (ii) we are not responsible for any content or other material and services responsible or by such websites should be liable from such applications; or (iii) and we are not directly or indirectly to any damage or loss could be held liable, the responsible or through the use of or in connection with the use of content, applications or materials or by confidence in caused or suspected of being caused.
Exemption
They acknowledge, evernote, its subsidiaries, related companies, managers, employees, representatives, advertisers, service providers and to keep to all other partner value entitlement, damage (actual) and any liability, losses and costs (including sequelae and professional fees), which are Anwaltskosten of, or in relation to claims by third parties as part of its use of the service, a breach of the conditions of use or other action in connection with their use of the service (including all acts performed) under your account.
Where such claim we are seeking to a notification of entitlement, the action or the procedures for the affected account shall be submitted. deposited contact details
Where that was not transmission to its commitment to such a notification exemption provided for in this agreement or decreases. not break
Limit of liability and GEWÄHRLEISTUNGSAUSSCHLUSS
Where is this service in the state provided allowed by law.
Willing explicitly that they understand and:
Better use of the service and the acquisition and use of any services shall be carried out at its own risk.
The service is based on his and his availability provided. Istzustandes
In legally permitted amount includes any express or implied guarantee and an assurance evernote from, including the guarantee and the general performance, implicit assurance of suitability for a specific purpose and, without being limited to. Rechtsmängelfreiheit
Evernote ensure that (i) the service all their requirements are met, (ii) the service, in a timely manner, safe and sound unterbrechungsfrei is operated or (iii) any inconsistencies in the software or, in the service be remedied.
Any download or other access of material through the use of service shall be your discretion and at their peril.
For any damage to your computer or other equipment and possible as a result of or the use of such data loss Herunterladens set the material sole responsibility.
Any advice or information it orally or in writing by or through the service received or from evernote, shall not guarantee not expressly in these conditions of use specified.
You recognise explicitly and explicitly that its willing related companies, subsidiaries, evernote and our and their respective service providers and licensor managers, employees, representatives and they do not fall could be held liable are in place for any damage; these include direct, indirect, in passing, special damage resulting sequelae or damage, including exemplary, without being limited to-damage caused by loss of revenue for, reduce the use of data loss, loss of Firmenwerts, loss of insurance cover or other losses (even if already intangible evernote on the possibility of such damage should have become aware in some), which are shown for the following reasons: (i) the use or the use of the service or the impossibility of Einlösens; (ii) the Evernote-punkten Gutscheincodes or for the procurement of costs resulting from any compensation or otherwise, information or acquired data received services, or of the service, or received messages received transactions shown; (iii) unauthorised access to or loss, damage or change their transfers, content or data; (iv) statements or acts of third in
HAFTUNGSAUSSCHLÜSSE and restrictions
No part of this (including the provisions on limitation of liability) conditions aims to any conditions, guarantees, rights or guarantees, or restrict the exclude according to the law not excluded or may be limited.
Some laws do not allow certain guarantees or exclude liability for assurances or losses or damages by exclude or limit, negligence, breach of contract, non-compliance with intent or by provisions resulting damage or implicit caused. in passing sequelae
Accordingly apply to them only those liability and other restrictions in accordance with their national legal systems (if any) are permitted and is our liability in the legally maximum allowable amount limited.
Evernote how does his after notification obligation, where applicable,?
Ensure that their basic data for subscribers, complete and current. applicable
Because only then can we have notifications to mail (by e ‑ your account linked), by post e ‑ email address or by publications on the websites of the service given.
How can i send a message to evernote?
Provided in these conditions or of a separate agreement does not explicitly another or any other address for notifications Kontaktweg is required, any notification by e mail to the address evernote ‑ compliance @ to send evernote.com.
This e can under an update of this email address social changes are subject to. conditions
If they can not be concluded, a notification by e mail to be transmitted, can you give us missile the notification to the following address (depending on which it is responsible for): Serviceprovider sent round
Evernote corporation
305 walnut street
Redwood city, california 94063 us
Attention: legal notice
Evernote gmbh
C / o centralis switzerland gmbh Dufourstrasse 101
8008 zürich, switzerland
Attention: legal notice
Evernote do brasil serviços de
Aplicações)
CNPJ mf / fiscal code: 17.566.240/0001-50
Avenida paulista, no 2,300
Andar Pilotis
Edifício são luiz gonzaga
Cep 01310-300, são paulo: / sp, brazil
Attention: legal notice
, There are countries in which the use of evernote is not allowed.
Do Evernote-software otherwise use the service and any or otherwise export as it under the laws of the united states and the laws of jurisdiction, in service, or in which it hosted service use is allowed.
Especially must not (i) to countries exported Evernote-software or the us economic sanctions re or (ii) persons subject to be provided or be used on the persons " list of foreign Sanctions " Us-sanktionslisten (us) or fse Evaders ‑ " list of specially designated nationals " (us) of the us treasury or missile storage sdn " list " (us missile denied persons), " list " (DPL Unverified) or " entity " (list Us-ul) of the united states are. missile industry Us-el
Using service and assure her that she will not guarantee in that country still stop on such a list, and that they are not service in such a country will use another person in such a country access to the service or the use of the grant.
Moreover, they are in compliance with the applicable export controls, and the related laws, responsible economic sanctions if you travel across international borders and on its content access.
What rules apply for my use of evernote?
If your place of residence or head office in the usa or in canada is subject to the conditions and the relationship between them and evernote (including any disputes) in every respect the laws of the u.s. state of california, such as those for storage contracts and agreements apply in california in california between residents and legal persons resident or closed and be fulfilled, notwithstanding all the provisions of international private law.
If your place of residence or is subject to these conditions headquarters in brazil and the relationship between them and evernote (including any disputes) in all respects, they are deemed in brazil and brazilian law entered into, regardless of any provisions of international private law.
If your place of residence or head office outside the united states, canada and brazil is subject to the conditions and the relationship between them and evernote (including any disputes) in all respects swiss law and they are in switzerland has been received, in spite of all provisions of international law.
Should any provision in these conditions of use of a competent court invalid are found, the parties agree despite the fact that the court should endeavour, in the determination expressed intentions of the parties to take into account, with the other provisions of the conditions of use in full remain valid.
How am i entitled to evernote claim?
Tell us your symptoms and complaints with
Them optimal as we like, we ask that you allow Nutzungserlebnis in any problems in connection with the operation of the complaints or service or in our customer service to turn. Evernote-software
Initiation of a formal claim
If they come to the conclusion that we did not meet your concerns and they take legal steps do you agree that want to their entitlement by those conditions procedures referred to will be resolved.
Evernote shall make the service on the condition that they prepared described below provisions on dispute settlement consent.
When otherwise entitled to claim, they are therefore opposed to evernote these conditions and do you agree that evernote has the right or other termination of such a measure dismissal at all.
Also evernote do you agree, in such a case, the reasonable cost to its by defending against such a claim arise. launched inadmissible
They acknowledge our lawyers before launching a formal proceedings against under on contact @ evernote legalnotice and announce that evernote.com a notification of an " (" notice of disputes) submit disputes.
After receiving such a message of a dispute, and we try the dispute through informal negotiations within sixty (60) days from the date of dispatch of the notification of a dispute.
Should dispute is not resolved, can you or we take a formal process under these conditions.
If occupancy and you in the usa and canada is headquarters: if we dispute is under a arbitration (as described below) is resolved, do you agree that all of them to any claims and disputes made exclusively from evernote a federal court in san mateo county (or " california) to.
They acknowledge, in pursuing any such claims and disputes the exclusive jurisdiction of the courts in san mateo county personal (california) to be subject to (and, to dispel any doubts, all responsibility of another court excluded).
If occupancy and headquarters in brazil, is you: if our dispute is under an arbitration procedure (as described below) is resolved, do you agree that all of them to any claims and disputes only made evernote before a court in são (brazil) settle. Paolo-sp
They acknowledge, in pursuing any such claims and disputes the exclusive jurisdiction of the courts in personal são (brazil) subject to (and Paolo-sp, to dispel any doubts, all responsibility of another court excluded).
If occupancy and you outside the united states, canada and brazil's headquarters, is: if the dispute is under an arbitration procedure (as described below) is resolved, do you agree that all of them to any claims and disputes made exclusively from evernote a court in zurich (switzerland) to.
They acknowledge, in pursuing any such claims and disputes the exclusive jurisdiction of the courts personal in zurich (switzerland) to be subject to (and, to dispel any doubts, all responsibility of another court excluded).
Alternative method of dispute settlement
Unless following the arbitration agreement and subject to applicable law: subject to if it between you and a claim should come, whose evernote total less than $ 10,000 is, can use, the dispute in a party decide to binding arbitration to make this a personal presence settle requires.
This alternative procedure for disputes " is one of the parties by notifying the other party started, taking and agree on reasonable efforts to evernote to within thirty (30) days on a person or a service provider to agree or the alternative method for dispute resolution in accordance with the following requirements (" head ") of arbitration does: (i) none of the parties is obliged to personally to participate in a procedure; (ii) the procedure shall be by written submissions or telephone calls, or as otherwise agreed carried out; (Online-kommunikation (iii) the fees for the head of the arbitration shall be borne equally by the parties or the head of the decision in the framework of the dispute to arbitration submitted; and (iv) by the head of the decision can in any court of arbitration of the competent to enforce jurisdiction are submitted.
If occupancy and you in the european union (eu) headquarters is should be noted that, while this alternative procedures to, but not the dispute resolution of the european commission, since we offer Streitbeilegungsplattform no establishment in a eu country missile.
Arbitration agreement
If your place of residence or head office in the us is or otherwise the us missile (federal law on arbitration) are subject to make federal arbitration act and that any disputes or claims evernote between the parties, with the exception of disputes relating to the enforcement or validity of their or our and the other wto members or our-exclusively by its other wto members licensor a final and binding arbitration court and not be settled, with the exception of minor claims that they were relevant (small claims court Bagatellgerichten can assert, provided that their claims for it are eligible.
The interpretation and enforcement of this arbitration agreement are subject to the us federal law on ‑ arbitration.
Please note that they are not subject to this, if you even before arbitration agreement the 4 december 2012 users of the service and were in accordance with procedures according to our conditions of use, on 4 december 2012 were in force, formally for not applying the arbitration agreement have decided.
Our arbitration by the american arbitration association (" aaa " at the time) in accordance with their rules and procedures, including the additional procedures for the aaa (if applicable) in their disputes verbraucherbezogene through our form. that arbitration agreement
Aaa on the (english) it can accept rules and procedures and a form for the initiation of an arbitration procedure).
Arbitration proceedings has us county, in which their social or residential, or at any other headquarters is between us agreed place.
Claims if the us dollar is not more than 10,000 ‑, any of the parties to decide whether the arbitration by telephone or exclusively based on written submissions should be implemented.
This decision is binding on the parties, provided that the referee at their own discretion required of a personal interview.
Their and our participation in a personal interview may be, if the referee no different telephone requirements.
The referee decides on the subject matter of all claims under the laws of the u.s. state of california, including ‑ established principles of fairness, and takes into account all recognised by law Zeugnisverweigerungsrechte.
The referee is not from previous arbitration decisions with other committed but on from earlier decisions Evernote-nutzern arbitration, where users with the same under the applicable law is required.
The award is finally and binding and can in all for the parties submitted, subject to the competent court reduced according to the us federal law on social Widerspruchsrechts arbitration.
Aaa payment of all the rules of the rules and registration and management fees, if our arbitration agreement does not explicitly Schiedsrichterhonorare otherwise.
Claims arbitration of when the claim in us dollars is not more than 10,000 ‑ is for all the associated with the arbitration evernote and and on, if registration administrative charges (i) they Schiedsrichterhonorare a written request to such a payment of the fee or fees, and him with her demand for arbitration) on the request for arbitration to submit and (ii) the aaa their claim not frivolous referee society.
In this case, we will all fees and fees directly to the aaa necessary figures.
If claims and 10,000 us dollar, and you may make, ‑ that costs of arbitration towards the cost of a, takes the trial prohibitive costs for the registration and entry fees evernote and at the level of the referee Schiedsrichterhonorare considers necessary in order to prevent the arbitration because of the costs is prohibitive.
When the referee to the conclusion that their claims are declared in the arbitration frivolous do you agree, all fees in connection with the arbitration evernote to reimburse the on their behalf and has paid evernote payment in accordance with the rules of the otherwise they would oblige. aaa
They evernote and under the arbitration agreement that willing either party claims against the other party only on an individual basis and not under a so-called bulk or similar proceedings can claim or a class action.
We refer to this aspect than the banning of collection and. " Verbandsklagen
Unless they agree otherwise and we should not claim their or our referee with rights to another person or party or otherwise any form of a pooling bulk or an appropriate procedure or aggregated Verbandsklage preside.
Can remedy the referee (including financial help, a or a) in favour of only Feststellungsbeschlusses Unterlassungsverfügung remedy and only to the extent requesting party who, on the various claims that party is necessary to remedy the situation.
A solution has no effect on other granted. Evernote-nutzer
A court should one part of this, except for the ban on arbitration agreement collection and as invalid or not enforceable, consider Verbandsklagen remain the other parts of the arbitration agreement intact.
A court should ban collection and as invalid or not enforceable, consider Verbandsklagen is null and void. this entire arbitration agreement
The other provisions of these conditions and in this section (" how can i entitled to claim? ') evernote
Shall not be affected.
Limitation of rights.
They acknowledge that they are other statues or laws and the applicable procedure for settling disputes any them from the right or proper charges or use in connection with the use of the service or otherwise arises within a year (1) following the development of such a claim or to submit such a claim or and Klagegrunds. otherwise not proper charges
Limitation claims " with the provisions of this section, " entered as a separate written, legally binding agreement between them and us.
Special note to users from california
1789.3 civil code in accordance with section of california (california) users of the service civil code are from california on the following specific reference to the rights of consumers to teach: the appeal body (the consumer protection department) complaint assistance unit (division of consumer services) the california (california department of consumer affairs consumer authority) is in writing, 1625 north blvd., market
Suite n 112, sacramento, ca, usa or telephone under + 1 95834 1254 or 1 800 + 916 445 missile 952 to achieve social 5210
Evernote you can by e mail under @ or by legalnotice ‑ at the following address reach postal mail evernote.com:
Evernote corporation
305 walnut street
Redwood city, california 94063 us
Attention: legal notice
Other provisions
Finally a number of other important aspects.
Such conditions shall the whole agreement between them and their use of the service and rules evernote, with the exception of the provisions in a separate agreement between them and agreed, and then only evernote in the separate agreement taken such a scale.
Replace these conditions from the earlier this conditions specified entry into force of all previous agreements or earlier versions of these conditions between them and with regard to the use of the service evernote.
If access to or the use of the service a product or a service by a third party or received shall be subject to use, where appropriate, in addition to the applicable terms and conditions, which this third conditions you on this third without prejudice to legal relationship.
Also recognize and do you agree that all subsidiaries and associated companies of these conditions, and that such evernote Drittbegünstigte other companies have any provision in these conditions, with which you an advantage (or rights in their favour) granted to them and applicable to berlin.
Also must not another person nor any other company. these conditions Drittbegünstigter
Finally serve the headings of parts only of clarity without any conditions of use of these legal or contractual effect.
On any contradictions between the german and english version is the english version shall prevail.