Evernote.com https: / / / / en / legal intl / date of validity: 28 august 2017 terms-of-service-new "
You welcome in Evernote.
We expect you to have access to our websites and to use the service; here, however, that this invitation this Evernote is subject to your acceptance of present terms of service.
This document describes in detail your and our rights in relation to the provision of the service (defined below), therefore we would advise to read carefully.
What are the terms of service?
The service is an agreement between user. and Evernote
Include deadlines defined in this document and the provisions in privacy policy, in commercial terms, in the agreement, in the guidelines business Evernote users, in the programme for the conformity of intellectual property rights and other Evernote terms or conditions (in all, the " service " or the " ") on specific services and occasionally shown by us and accepted by the user.
The acceptance of these terms shall not be entitled to access to the service or for its use.
Registration serving or its use need to confirm its acceptance of the terms, which makes accordingly user an entity linked to this contract.
Using service, user notes, accepts and agrees to all provisions of privacy policy, including, only in an example, the use and treatment of text, images and other data that choose to enter, load or store in overall, the " content (Evernote ") and the personal information in agreement with the privacy policy.
What Evernote is the service?
Software Evernote (defined below), the service and other goods, services and Evernote websites in hosting or made available by, including for example our Evernote pages of the app center, and assistance and forum users referred to collectively as " in these resources are the service. "
To use the service, user agree to be bound by these terms.
If this is a contract, who are the contractors?
One of the contractors is the holder of the account, i.e. the person who has made an agreement with which user version, plus Evernote basic or premium or which customer version as defined in our agreement Evernote business business.
User live in the us and canada, the other contracting is corporation, a company based in Evernote california.
User is in brazil, the other contracting is do brasil ltda. Evernote serviços de Aplicações,
A company based in st. paul, state of são paulo, brazil (" brazil "). Evernote
If the user is outside the united states, canada and brazil, the other contracting is, a company based in Evernote gmbh zürich, switzerland.
For present service, Evernote corporation, and could also be described Evernote brasil Evernote gmbh, where applicable, as " " or sometimes " us " as Evernote.
Sometimes user could buy products or subscriptions to the service through a retailer authorised.
The commercial terms contain information on further contractual terms relating to such purchases.
This is the only contract signed with Evernote?
Depends on the mode of interaction with the service and by our software applications. Evernote
If user install software on their devices, could have got Evernote asked to accept the agreement with the end user.
If you buy a subscription, may be required acceptance of Evernote commercial terms.
Evernote when used goods or services related (e.g.) or be involved in our business Evernote forum users it may be necessary to take out a separate agreement (usually by clicking on " accept " or " willingly.
Each of them is called " separate agreement '.
In this case, the separate agreement will take precedence if there is a conflict between such terms and these service, within the limits of this conflict and to the specific issue governed by this agreement accordingly separately.
This service will never changes?
These terms may be changes if there are new features, technology or legal requirements, it is as well review them from time to time.
If significant changes and, where necessary, send a notification requesting consent.
Where terms are updated, the user is free to decide whether or not to accept the terms if stopping all use updated or service (more details in " as is closed an account below); " continue to use the service after the entry into force of the update will be the acceptance by the user to be bound to the new terms.
Except changes from us as described in the present terms, no other amendments can be considered valid unless established in writing, explicitly identified as such and duly signed by the user and from Evernote.
For reasons of clarity, a communication or other email is not a valid in order to written agreement.
What should be done to use the service Evernote?
First user should create an account Evernote.
For this purpose must be provided an email address and create a password (some accounts also provide for a less recent username).
That is what we call the " basic information on the subscriber.
Invite users to use a password only and not, other than password used for obvious other services.
User is responsible for the accuracy, completeness and the confidentiality of such basic information on the subscriber and all activities carried out with this account, including the activities carried out by other people who have been given the basic information.
Evernote can not be held liable for any loss or damage resulting from failure to submit accurate information or lack of protection of their basic information.
Where user unauthorised use of its find out basic information or has a suspicion that some may have access to its content without authorization is required to change your password immediately and to send a notification to the team in support customers.
User will have access to your account through a browser or installing our client software on their computers, tablet and telephones.
The possession of such devices and the payment of plans data and are the responsibility of the user. connectivity
Evernote is not also responsible for the availability of the internet and other telecommunication services needed to access to the service.
You can share your account?
Accounts Evernote it would be good not share.
User shares his basic information with someone else, that person could take control of your account, and we could not be able to determine who is the real owner.
We will have no responsibility for user (or against those in which they are shared basic information on subscriber) for actions carried out under these circumstances.
As user has the possibility to use free of charge and as offer different mechanisms for Evernote to share with other its contents call strongly not share with anyone their personal information, except where this is for programming of a sequence, as described below.
What are the rights of the holder of an account Evernote?
Once created account and accepted the terms, let the user a licence limited and the use of non-exclusive service in accordance with the present terms, therefore, provided that the user is not prohibited the receipt of the service under the laws the force for user and until they close voluntarily your account or until i close us in accordance with these terms.
Additionally concediamo user a licence, personal internationally valid, free from copyright, but not exclusive to use not assignable software provided by or on behalf the user Evernote of, for the sole purpose of allowing the Evernote use of software and to enjoy the benefits of the service Evernote under any period applicable under software license and by these terms, until Evernote rights user not cease in accordance with the licence and / or with these terms.
User does not qualify for interest or other rights or serving. Evernote
According to the rules on data protection, data are owned by Evernote user.
What do you mean?
Law copyright and any other law relating to content already in possession of user prior to dispatch, the publication or display on or through the service remain the property of the user.
The user must, however, grant to a temporary licence, following Evernote, in order to allow to make data available and usable Evernote through the service.
In addition to this licence limited and other rights licensed under these terms, notes and agrees not to have Evernote no rights, title or interest in the user about its content under the present terms.
Which licence should provide the user Evernote?
To permit to operate the service is Evernote necessary to obtain user certain licence fees, needed for preparing the limited content protected by intellectual property rights to the technical measures taken for the operation of the service are not regarded as legal violations.
E.g. laws on copyright could prevent us prepare, maintain shall store backup and distribute content, unless certain user is not gracing us these rights.
Accordingly using the service and loading user content gives the licence display, and run Evernote distribute its content and to amend and play this content (for technical reasons, for example, to ensure that can be displayed on smartphone, and other devices) on computers to enable to operate the service. Evernote
User accepts that also has the right to choose not Evernote accept publish store, view, publish or give any content, at their sole discretion.
User accepts that these rights and licences are exempt from copyright, transferable, in, global and irrevocable (concedibili sub-licence throughout the time when the content is stored by our service) and which include the right to make available such content and Evernote transmit their rights to other parties with which has contractual relations for the provision of Evernote service solely in order to provide these services, and to enable access or disclosure to third parties where such access is necessary to stipulate that Evernote fulfil its legal obligations.
User chooses to use services or third-party applications in integrated, accepts that the licences granted to Evernote Evernote as laid down in paragraph apply also for the content or sent through that service or loaded application of third parties.
If service or the application of third parties that the user chooses to use involve access to the content of the user or its extraction, user gives the right and to allow the licence Evernote in this third party access to the content and out.
Evernote assumes no responsibility and on actions or omissions committed by those suppliers third services or applications.
As loading and distribution of content are based on the user's rights, these represents and warrants to Evernote (1) have the legal rights and the unlimited its contents to send to use, publish or otherwise distribute Evernote such content following the use of service, and the rights to grant rights granted to as provided for by these terms; Evernote and (2) that the content is in accordance with our guidelines for the user and the present time.
Finally user notes and accepts that in carrying out the operations necessary technical Evernote to provide the service to its users, could make changes to the content of the user where this is necessary to adapt and to conform with the technical requirements of network connection devices, or other services.
What guarantees are granted to Evernote?
User using the service to send messages to an email address Evernote, a telephone number by the account by sms or a social network (such as facebook or not linked to an account Evernote linkedin), these messages on your behalf sends Evernote based on its declaration of a direct relationship with the recipients and respect for the right not to receive certain types of messages (e.g., unsolicited commercial messages presently and sms side).
Whenever user sends a message of any kind to a third party, represents and warrants to act according to law and Evernote have already obtained the consent of the recipient to sending this message.
There are rules about what can be done with the service Evernote?
Yes.
Use service from the user must take place in compliance with these terms.
As regards the use of the service, the user it accepts its conduct and what happens with your account.
Therefore everything created, sent in your account is displayed or stored liability of the person who created the exclusive content or the has included in service.
This applies whether the content remains private whether that is shared or transmitted through the service or any application or any service third-party integrated into service Evernote.
Our guidelines for user contain more specific details on the conduct during the use of prohibited service.
If informs us content not complying with the terms of our service (including content that violates intellectual property or rights to confidentiality of another person), we reserve the right to cancel the sharing or completely remove such content.
Evernote has rights in relation to the service?
Yes, and are described here:
Rights on the content.
Although content kept in service is owned by the user (and Evernote subject to rights of third parties), these notes and agrees that, together with the related concessori licence Evernote all legal rights, holds, securities and the interest on the service, including, for example, pure all software as part of the service and all the software user or third parties for distributed Evernote allow the acquisition of content created outside of the service, as the web, Evernote Scannable Evernote clipper site or any of the widget memory of software applications for allowing access devices compatible Evernote serving and to use it through this device (" software. " Evernote
Intellectual property rights.
Accepting these terms, the user also accepts that the rights linked to the service and the software, including all property rights Evernote intellectual as trade marks, patents and copyright, projects, are protected by legislation on copyright, mark, commercial secrecy or other patent laws, regulations and treated in addition to these terms and to any other agreement separately.
Particularly user agrees not to modify or attempting to create derivative works, pull out the source code decompilare from any software, unless it is expressly Evernote authorised to do so under an open source license an authorisation given in writing or except where this is allowed by law independently of this ban.
Right to modification of the service.
Evernote has the right to implement in its sole discretion, new elements as part of the service or as elements, including accessories that may affect the previous amendments rules of operation of service or software Evernote.
These changes are intended to improve the service in its entirety, but it is possible that this does not coincide with the interests of consumers.
Evernote also reserves the right to establish limits the nature or the size of the storage space available, the number of broadcasting, the possibility to send or receive mail messages, the nature or the size of any index or library, the nature or the possibility of access to the content and other details continuously and distribution, and the right to set other restrictions at any time, with or without giving notice.
E.g. users do not enjoy all the benefits of basic Evernote offered to subscribe to, plus premium or business Evernote Evernote Evernote.
User also notes that various measures which could reduce or prevent access to Evernote its content or use of the service at certain times and / or in the same way, for limited periods of time or definitively and accepts that has no responsibility for these actions Evernote or results, including, for example, pure for the elimination of content or because it is impossible to make it available to the user.
Evernote accepts that the latter can not be considered responsible to the user or any third party for any changes, suspensions or interruption of any portion of the service.
However, if the user is subscribed to, plus premium, Evernote Evernote business or another version Evernote payment service (all called " revenue service ") and considers that these changes or interruption of revenue service has a negative impact, it may contact our team of customer care, illustrate the impact caused by the amendment and, if you wish, require the cessation of revenue service
Upon receipt of that request, we will work to remedy the negative impact caused by promptly amendment to extend the duration of the subscription to the revenue service for a period of time equal to the duration of the interruption and / or pay back part of the cost of subscription to the revenue service equivalent to remaining period of the unused, depending on what we believe subscription should or may be required by law.
Right to involve third parties.
Evernote involves certain or other third parties (the " affiliated service providers ') for the provision of technical services or other related to service, in whole or in part.
User therein accepts that this involvement is permissible.
Additionally may conclude agreements with third Evernote retailers, or business and premium plus Evernote processors of payments in order to allow the payment in the currency and the local payment systems.
Consult the privacy policy in order to understand the extent to which each affiliated or third may have access to data account or the content user as well as our commercial terms in order to understand the relationship between ourselves and each retailer or processors of payments.
Right to use 3rd-party software.
Occasionally Evernote could incorporate in service and in its software applications provided by a third party, used under license of their licence and / or holders of concessori copyright, under the terms laid down by these parties.
Evernote provides information about some of this third party software here and on software. specific Evernote
Evernote denies expressly whatsoever towards the user guarantees on these 3rd-party software.
Right updating of the software EVERNOTE.
With respect to any modification of the service may from time to time automatically download Evernote software updates on computers and devices users in order to improve, refine, correct and / or further develop the service.
Evernote undertakes to provide the user may choose to install or less; in some cases, but this updating (e.g. where there are safety risks), may require the user to install the Evernote update to continue to enter the service.
In any case, the user who agrees to receive from within the use of such updates Evernote service.
These terms apply to users Evernote business?
User using the service with a business, the use of the service account Evernote is governed by the following terms, except where the separate agreement governing the account supposed conflict. Evernote business
Customer who has made an agreement with the administrator of the account and Evernote business (the " client " and Evernote " administrator " as defined in the agreement of business) accept and have the applicable Evernote responsibility to share the terms of this separate agreement with anyone who has an account connected to this account (the " end-user Evernote business.
If the user is an end-user of an account, must bear in mind that the business Evernote customer of his account (e.g. business Evernote his employer or its organisation) may have laid down rules on the own end-user access and use, disclosure or retention of data stored in that account.
Further information on the functioning of personnel with the account Evernote business accounts Evernote are available in our privacy policy and in this article aid and resources.
Which action captured in case of copyright infringement Evernote or other intellectual property rights?
Respond notifications of alleged violations of copyright or trademark rights or intellectual property other were clear and complete and fulfil the requirements set out in these terms (which we believe are in accordance with the digital millennium copyright act of the united states and other applicable laws).
If user considers that have been violated their intellectual property rights, is obliged to send a notification to our team involved in conformity according to the instructions provided in our programme of conformity for the intellectual property rights and examine the situation.
Bear in mind that each holder of intellectual property is responsible for the protection of their rights and is required to take the legal measures and other deemed necessary for the purpose; also refuses to accept any obligation in Evernote on any specific action aimed at application or the protection of intellectual property rights of third parties on their behalf.
Children can use Evernote?
Evernote is not designed for minors and any use of service by minors should be with assistance, supervision and the consent of their parents, guardians and / or official school authorised.
Evernote also relies on parents and guardians to ensure that children are using the service only if able to understand the rights and responsibilities outlined in these terms and in our privacy policy.
Under applicable law, does not include personal information on minors knowingly Evernote without the consent of their parents.
If we are aware that it has obtained information inadvertently that violate laws applicable to prohibit the collection of information of children without such agreement we will to their immediate elimination.
Where is our data user.
The service is available throughout the world, but the data are stored in the united states as described in our privacy policy.
Using service user accepts the possibility of sending electronic communications (including the basic information and content) by computer networks owned by its service providers, Evernote and other third parties domiciled in california and in other locations in the united states.
Accordingly, the use of the service by the user is likely to result in the transmission of data in the different countries, and therefore the use of the service will represent the consensus in these programs.
As is closed an account?
User off your account may at any time, linked to our service for any reason or no reason.
To deactivate the account, however, measures should be specific, described in our article aid and assistance entitled " as off your account. " and reactivate Evernote
If the user is subscribed to a revenue service will be as provided for by our undo commercial terms.
Evernote could intervene to limit the use of the service, to temporarily suspend access to account user or to close the account, with or without notice as provided for by these terms.
Between reasons which might require the suspension or closure of the accounts by are included, for example pure Evernote: (i) the violation of these terms (including the guidelines for the user) or any separate agreement, (ii) a prolonged period of inactivity (established in the sole discretion of), (iii) the Evernote non-payment of the quota or other payments due to or any other party on Evernote the use of the service, (iv) the interruption or modification of service (or a material part of any) or (v) technical problems or unforeseen safety or a prolonged use unsupported.
In most cases, where decides to close the account, send Evernote notice at least 30 days before the email address provided user in order to be able to recover any content on server service (unless stored set not be empowered by law to send this notification or allow the user to do so).
After expiry of the period for notification, the user can no longer retrieve the contents stored in that account or otherwise use the service through this account.
What happens to a user account after his death?
Evernote remains committed to protecting privacy of content of the user also after his death or his that failure.
If the user wants assigned to other access to its content or data your account when he can no longer do so, we must implement a process to provide such information.
Evernote anyone will not provide such information or the content of the user, even a family member, unless we are very near required to do so for law enforcement.
Invite user to insert their basic information and instructions on how to access content in your will or document, so that anyone who wants to succession access to its accounts may have the means.
Our commercial terms shall contain the information necessary to stop the payment of payment services after the death or the addition of the inability to a user.
What are the rights of the user where shares a fantastic idea with Evernote?
User send to ideas, suggestions, documents and / Evernote or proposals relating to service (or to other products or services) through the page ", " the user forum or contact us interfaces support or through other channels or mechanisms (on the whole, the ' contributions '), notes and agrees that: (i) the contributions must not contain any confidential information and ownership; (ii) Evernote has no duty of confidentiality, expressed on the contributions or implied,; (iii) has the right to use or disclose Evernote (or to choose not to use or should not be disclosed) these contributions, in any way; (iv) Evernote may have already taken into account or started to develop something similar contributions; (v) the contributions of user automatically become owned by without any obligation towards the user Evernote by Evernote; and (vi) the consumer is not entitled to an explanation, fees or reimbursement of any kind from Evernote under any circumstances.
Evernote display ads?
Our business model is intended to make the service as useful to push users to subscribe to a revenue service
Could however show promotion and related to service or on it announcements, some of which may have been paid by third parties.
For more information, consult the privacy policy and reporting on cookies Evernote.
Some announcements or messages could be based on information provided by Evernote provided by third parties, and will be responsible for loss or damage Evernote not any user incurred as a result of announcements or other messages.
Also interactions user with advertisers, on or through the service, including, without limitation, all uses of announcements, all commercial transactions and all the legal requirements associated disputes only between the user and the advertisers.
What we have to know?
Link, content and third-party programs.
Could include or resources, materials and advise developers third parties and / or links to websites, content and applications to third persons within or in connection with the service.
Could we have a control reduced or zero rates of these sites or, therefore, developers and user notes and accepts that (s) Evernote is not responsible for availability of such sites, applications or content external; (ii) is not responsible for any content or Evernote other material or performance available through these sites or applications and (iii) should not be held responsible, Evernote directly or indirectly, any damage or loss caused, actually or potentially, or related to the use of such material, materials or applications.
Exclusion of responsibility.
User agrees to keep free and their subsidiaries, subsidiaries Evernote managers, agents, employees, advertisers, service providers and other partners on any disputes, claims, losses (and subsequent), actual losses and costs (including legal and professional) arising or in any way associated with any claims of third parties concerning the use by the user, any component of the service, to any violation of these terms of service or any other action related to the use of the service by the user (including all operations carried out with his account).
If it is shown their demand will notify the demand, Evernote the cause or the legal action using the contact information of the user in its possession, provided that the failure to notify the user does not eliminate or reduce the obligations under the present terms of user manleva.
Limitation of liability and exclusion of guarantees.
In maximum permitted by law, the service is available " as it is. "
User notes and agrees that explicitly:
Use service and the purchase and use of any service takes place at risk of exclusive user.
The service is provided " as " and " based on the availability.
In maximum permitted, explicitly excludes all the guarantees and EVERNOTE conditions of any kind, whether they be expressed or implicit included, purely for example, all the guarantees and conditions, implicit merchantability and entitlement to a specific purpose not violation.
EVERNOTE does not guarantee that (i) the service will meet all the requirements of the user; (ii) the service will be continuous, timely, safe and free of errors; or (iii) all errors relating to the software or the service will be corrected.
Any material is downloaded or otherwise achieved by the use of service only at the discretion and risk of the user and the latter is the only responsible for any damage to computer and other devices, or loss of data resulting from the download or the use of such material.
Any notification or information in writing or orally, obtained from user from or through the service will be a guarantee EVERNOTE not explicitly indicated in these terms of service.
User notes and agrees that and its subsidiaries, subsidiaries EVERNOTE service providers and the licensing and their managers, CONCESSORI employees, staff and they are not responsible, vis-à-vis the successors user of any direct damage, indirect accidentally special copy, including, only resulting or example, damages for the loss of profits, good faith, use, data, cover or other intangible (even if loss was aware of the possibility of such EVERNOTE) damage resulting from: (i) the use or impossible to use the service or codes promotional or points; (ii) the cost of EVERNOTE services incurred as a result of the purchase or replacement of obtaining any information or data services or receipt of messages or transactions related to use of the service; (iii) unauthorised access to broadcasts; the content or to the data of the user or the loss, damage or alteration of these transmissions, content or data; (iv) the statements or
Exclusions and restrictions.
Anywhere present terms of service (including provisions limiting liability) is intended to exclude or limit any conditions, guarantee law or which may not be excluded or limited liability by law.
Certain jurisdictions do not allow the exclusion of certain guarantees or conditions or restriction or exclusion of responsibility caused by acts of bad faith, negligence, breach of contract or violation of the terms implicit or accidental or resulting from damage.
Therefore shall only be effective the limitations of liability or other considered legal in user and the responsibility to any jurisdiction is limited to the maximum permitted by EVERNOTE law.
How Evernote warn the user?
This is another reason why it is important that its basic information is accurate, complete and updated.
Send notices on the department concerned could email address (the associated with the account user), via ordinary mail or through publications on site (the web.
How user can send a communication to Evernote?
Unless is specifically indicated a method of communication or a different address, in these terms or any separate agreement, all communications should be sent to email at Evernote compliance @ evernote.com.
This address could be altered during a possible updating service to these.
If it is not possible to send its communication via email, is possible to send a notice at the following address (depending on your service provider):
Evernote corporation
305 walnut street
Redwood city, california 94063 use
Attention: legal notice
Evernote gmbh c / o Centralis switzerland gmbh
Dufourstrasse 101
8008 zürich, switzerland
Attention: legal notice
Evernote do brasil serviços de
Aplicações ltda
Federal Taxpayer registration / mf no CNPJ 17.566.240/0001-50
Avenida paulista, no 2,300
Go 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?
Can not be used or otherwise the service or other software Evernote export except as allowed by law in the united states and the laws of jurisdiction where it is hosted a service or in which it is used by the user.
Particularly without any restrictions, the software can not be (i) Evernote exported or re-exported in any of the countries subject to economic sanctions by the usa or (ii) or used by anyone is provided in a registered in the list or Specially designated foreign Sanctions of the department of nationals Evaders us treasury or lists Denied Persons, the department of commerce Unverified or entity of the united states.
Using service, user represents and warrants not reside in any of the countries recorded in these lists and agrees not to use the service or to allow the use of the service to anyone in those countries.
Also user is responsible for the compliance with the applicable laws on export controls on economic sanctions and on matters relating to its content and when traveling cross-border access.
What laws are applicable to the use of user? Evernote
User live in the us or canada, these terms and the relationship between the user and Evernote (including any to be regulated in every aspect) disputes the laws of the state of california since they apply to agreements and fulfilled either entirely in california in california, between residents irrespective of the provisions on conflict of laws.
If user lies in brazil, these terms and the relationship between the user and Evernote (including any to be regulated disputes) in every aspect by the laws of brazil and will be construed as put in place and accepted in brazil, irrespective of the provisions on conflict of laws.
User is outside the united states, canada and brazil, these terms and the relationship between the user and (including any disputes should be) Evernote covered in every aspect from the laws of switzerland and are read put in place and accepted in switzerland, irrespective of the provisions on conflict of laws.
Where a court of a competent court considers invalid any provision in these terms of service, the parties also agree that the court will intervene to give effect to the intentions of the parties as available, and that the other provisions of service remain fully valid and in force.
What procedure should follow the user if wishes to make demands?
Notify complaint to EVERNOTE.
Want to hear any problems encountered by the user, who is therefore invited to contact our team support customers if there are issues relating to the operation of the service or any software, because we want sensible user Evernote optimal experience.
Start a formal complaint.
If user considers unsolved its problem and wishes to bring legal actions, accepts that such appeals will be resolved through the procedures described in these terms.
Evernote provides a service to the user provided that they accept the provisions on dispute resolution described below, so any claims against Evernote in different ways by those described will be considered a violation of these words, and the user accepts that has the right to reject such Evernote legal proceedings or otherwise; user accepts also terminate it to reimburse costs reasonably incurred for defence Evernote from such dispute improperly brought.
Prior to initiating any formal proceedings against user agrees to send a Evernote notification for legal at @, Evernote legalnotice called an ' opinion will evernote.com dispute. "
The receipt of such notification and within 60 (sixty) days of its dispatch, user and will attempt a resolution of the dispute Evernote through informal negotiations.
If the dispute is not resolved, the user or may initiate a formal Evernote according to the provisions of the present terms.
Unless dispute is resolved following an arbitration (as described below), if the user live in the us or canada accept that any complaint or dispute against Evernote should be resolved before a court exclusively federal or state of san mateo county, california.
User agrees to recover the jurisdiction of the courts of personal and exclusive san mateo county, california, and to dispel any doubts, to exclude the jurisdiction of any other court) for the discussion of such complaints or disputes.
Unless dispute is resolved following an arbitration (as described below), if the user is in brazil accepts that a complaint or dispute against Evernote should be resolved before a court exclusively of são paulo in brazil.
User agrees to recover the jurisdiction of the courts and staff of st. paul, exclusive in brazil (and, to dispel any doubts, to exclude the jurisdiction of any other court) for the discussion of such complaints or disputes.
Unless dispute is resolved following an arbitration (as described below), if the user is not in the united states, canada or brazil accept that any complaint or dispute against Evernote should be resolved before a court in exclusively of zurich, switzerland.
User agrees to recover the jurisdiction of the courts of personal and exclusive of zurich, switzerland (and, to dispel any doubts, to exclude the jurisdiction of any other court) for the discussion of such complaints or disputes.
Alternative dispute resolution procedure.
Unless user is subject to the agreement on arbitration defined below, and without prejudice to compliance with any applicable law, in the event that a dispute between the user and Evernote whose total value is less than $ 10,000 (usd), the party which has brought the cause may opt to settle the dispute through a binding arbitration procedure that does not require the presence of person.
This ' alternative dispute resolution procedure ' should be started by either party notification sent by the other; in this case the user and agree to make reasonable efforts to agree Evernote within thirty (30) days the appointment of a person or a service with competencies to manage the alternative dispute resolution procedure (the " responsible for " according to the following arbitration) requirements: (i) either of the two parties will be obliged to attend the proceedings in person, (ii) the procedure will be conducted through written or send calls or through other methods agreed online communications (iii) the cost of arbitration will be divided equally between the responsible parties, or the person responsible for this decision will be called arbitration within the dispute and (iv) the opinion expressed by the person responsible for arbitration may be presented in any court of competent jurisdiction for implementation.
User lies in the european union (eu), bear in mind that the alternative dispute resolution procedure offer but we can not offer a european platform of dispute resolution not having its seat in the eu. Evernote
Agreement on arbitration.
User live in the us or is otherwise subject to Arbitration u.s. federal act user and accept that any complaint or dispute between Evernote user and (except for the controversy surrounding the Evernote application or the validity of intellectual property rights of user, or any of our own concesssori Evernote licence) must be resolved solely by a final and binding arbitration rather than in court, unless it is a competent court for small claims, where applicable.
The federal act provides for the interpretation and Arbitration application of this agreement on arbitration.
Bear in mind that the user is not subject to this agreement on arbitration if it has been a user of the service before 4 december 2012 and took formally to terminate the agreement on arbitration as established by service in force from 4 december 2012.
Our arbitration proceedings will be conducted by the american Arbitration association (" aaa ") in accordance with its rules and procedures applicable at that time, including procedures for disputes concerning the additional aaa consumers (in so far as it applies), amended by our agreement on arbitration.
User may examine these rules and procedures and obtain a module for initiating the procedure of arbitration on the website of aaa.
Arbitration should be conducted in the place of residence of the user or at another place agreed by both parties.
If the total amount of compensation required amounts to no more than $ 10,000 (usd), the user or may require that the arbitration Evernote is carried out or on the basis solely to send telephone in writing, the choice will be binding and could require consultation in person to the discretion of the referee.
Attend consultation is possible this person by telephone, unless the referee does not require otherwise.
Referee assess the merits of claims under the laws of the state of california, including the principles of fairness, recognised and all requests for protection from the recognised honor law.
Referee will not be bound by decisions of arbitration with other users of previous but, as much as predicted by Evernote applicable law, will be bound by decisions with the same user. previous arbitration
Judgement is final and binding and the referee will be presented in any court of jurisdiction, subject to the right of appeal responsible limited under federal Arbitration act.
Rules aaa of the payment of all expenditure will govern presentation, administration and, except in the case where the arbitration agreement on arbitration requires otherwise.
If the total amount of compensation demanded not amounts to more than $ 10,000 (usd), will pay all the costs, presentation Evernote administration and arbitration associated with itself, provided that arbitration (s) user requests in writing that payment and send this request to the aaa together with the application of arbitration and (ii) the complaint is not declared null by the referee.
In this case, is agreed on the payment of all Evernote the expenses needed to aaa.
If the amount of compensation claimed exceeds $ 10,000 (usd) and the user can demonstrate that the costs of arbitration in relation to the costs would be prohibitive of submission of a court case, the share of expenditure which will pay Evernote, administration and arbitration deemed necessary by the referee to ensure that these costs are not more prohibitive.
Where referee considers meaningless claims made in the arbitration user agrees to repay at all costs associated with the arbitration and Evernote supported by on your behalf, which Evernote would be still bound to pay costs as provided for in metals aaa.
User EVERNOTE and accept that, as provided by agreement on arbitration may be contested claims against the other party only on an individual basis and not under a procedure or action class or representative.
This ban is called " action class or representative.
Unless otherwise agreed between the parties, the arbitrator can not join the dispute of a party with those of other persons or parties and can not chair or any form of procedure consolidated or representative class.
Referee can only establish compensation (either monetary or) in favour of a single declaration INGIUNTIVO party so requires and only to the extent necessary under dispute of the individual.
Any compensation may not extend to other users of EVERNOTE.
Subject compliance with the prohibition of measures or, if a representative class tribunal that one of the pieces of this agreement on arbitration is invalid or applicable, the other portions of the agreement on arbitration will continue to be valid.
Court stipulates that if a banning action class or representative is invalid or applicable, the entire agreement on arbitration shall be considered null or invalid.
Other parts of these terms and this section (" what procedure must follow user if will put demands)? "
Will continue to be valid.
PRESCRIVIBILI demands are.
User accepts that, irrespective of any legal provisions against or by the dispute settlement procedure applicable, any claims or foundations action arising or related to the use of the service by the user or otherwise relevant must be submitted within a (1) year of their occurrence; otherwise, with this agreement the user agrees to abandon forever the submission of the claim.
The provisions of this section, " the demands are " is a written agreement, prescrivibili separate and binding between the user and Evernote.
View special for users in california. residents
As provided for in section of the civil code of california 1789.3 users of the service in california residents are entitled to know which may contact in writing the care unit of division for services consumer complaints department of consumer affairs california at 1625 north blvd., market
Suite n 112, sacramento, ca, usa or telephone numbers (95834 916) or (800) 952-5210 445-1254.
User Evernote email address may contact the @ or at evernote.com legalnotice:
Evernote corporation
305 walnut street
Redwood city, california 94063 use
Attention: legal notice
Other.
A couple of recent important points.
First, these terms are the complete agreement between the user and for the use of service and Evernote the user, with the exception and only insofar as these has concluded a separate agreement.
These terms shall take precedence over any previous agreements or on previous versions of the same terms and are concluded between the user and for the use of service on Evernote validity indicated on top.
User used or obtained by a third party any product or service as a result of access to the service or use, it may be subject to terms and conditions applicable and these terms part that they will not in any way on legal relationship with it.
User therefore takes place and agrees that each subsidiary of is seen as a third party receiving the Evernote present terms and that such other holdings will be entitled to rely on and enforce directly any provision in these terms that gives them an advantage or law.
Under present terms, any other person or company can be considered a third party beneficiary except those planned.
Finally, section headers in these terms of service are the sole purpose of practicality and do not have any legal or contractual.
In case of conflict, priority version in english.