Date of entry into force: 28 august 2017,
What's new "
Welcome! Evernote
Welcome to our website, and the use of services browsing, but we stress that using Evernote calls, you accept service conditions listed below.
This document describes in detail the your and our rights concerning the provision of the service (as defined below), should therefore be exactly be aware of them.
What are service conditions?
Service conditions are agreement between you. a Evernote
Conditions include provisions outlined in this paper and privacy policy, commercial conditions, contract Evernote Evernote business, guidelines for the user rights relating to intellectual property and compliance with the other conditions, which may be that we presented by and acceptable to you from time to time in relation to particular services offers (all of which we collectively as " service conditions " or " conditions ').
If you don't agree with these conditions, you have no right of access or the use of our services.
If zarejestrujesz or enjoy our services in a different way, you will be regarded as certifying acceptance of the conditions and consent to being a party to the binding agreement.
Using services user notes accepts and agrees with all the provisions privacy policy, including, inter alia, on the use and processing text, images and other recorded, sent or stored in the data (including " content ") Evernote and personal data in accordance with the policy of privacy.
What Evernote service is?
Software Evernote (as defined below), service and other products, services and Evernote websites or made available by, including hostowane Evernote, for example, our center applications, and help pages and knowledge of the user forum shall be jointly determined in these conditions as a " service. "
In exchange for the use of a service, user agrees comply with these conditions.
If that's a contract, who are the?
You, the owner, you're one of the parties of this contract account. (
Owner account is a person or entity, which concluded the contract, as the individual user accounts basic, plus Evernote, premium or as a client, in accordance with the provisions of the agreement Evernote). business
If you live in the united states or canada, the other party to the agreement is Evernote company based in corporation, california.
Because if you live in brazil, the other party to the contract is Evernote do brasil ltda., serviços de Aplicações
Based in são paulo in the state of sao paolo, in brazil (" brazil). " Evernote
If you're living outside the united states, canada or brazil, the other party to the agreement is Evernote company based in gmbh, zurich, switzerland. (
Evernote corporation, Evernote gmbh and brazil, depending on circumstances, may Evernote be defined in these conditions service as ", " we, " and " Evernote " us "). sometimes
In some cases, you can buy products or services from an approved seller. subscriptions
See commercial terms, in order to obtain information on the additional conditions contracts for such purchases.
This is the only agreement, which make the? Evernote
It depends on the type of interaction with the service and our applications. Evernote
If zainstalujesz any on their computer equipment, you can software Evernote be asked to give consent to a licence agreement the end user.
If paid for subscription, you will be asked to give its consent to Evernote trading conditions.
If you have a related products or services (such as business) or Evernote Evernote meet in the users, perhaps you'll have to conclude with us a separate agreement (usually accept " or " come on " by ").
Every one of them is called the " agreement " separate.
If this happens, the agreement will have a separate priority, if it comes to the conflict between the terms of the contract and a separate service in respect of such conditions for a specific topic in this conflict and agreement of a separate.
Or service conditions can change?
These conditions may be amended, as far as the emergence of new functions, technology or legal requirements, and therefore should be from time to time it checked.
If we introduce significant changes you for them, if we inform need in order to receive your permission to these changes.
If zaktualizujemy these conditions, you'll be able to decide whether you accept updated conditions or no longer using the service (see the section " closure account " below); further use of services after the entry into force updates will be considered your permission to marry with the new conditions and consent for compliance with them.
Apart from the changes made by us in the manner described in this document, no other revision or amendment of these conditions will not be binding, unless they are set out in a written agreement clearly amending this conditions and written by you and us. the signature housing
E-mail or other messages for reasons of clarity do not create an effective written agreement in this sense.
What to do, in order to benefit from services Evernote?
First attach account for Evernote.
Account wear, giving us e-mail address and creating a password.
Some older account also require user name).
We call it " the key figures subscriber. "
We encourage the use of a separate and password that is different from the password except the obvious used elsewhere.
Are responsible for preserving the accuracy, completeness and confidentiality of data, as well as their basic subscriber will be responsible for all the activities that are taking place user account, including the activities of other persons, which gave their basic data subscriber.
We will not be held responsible for any loss or damage resulting from no us exact information or safe storage of basic data subscriber.
Invent if any unauthorised or suspect that the use of basic data subscriber can obtain access private content without authorization someone, you should immediately to change your password and tell our team customer service.
Secondly, it should have access to his accounts by means of the web browser or software on computers, or instalując clients tabletach calls.
To achieve these devices and their payment connections and data transmission is the responsibility of the user. plans
Evernote bears no responsibility for the availability of internet and also other telecommunications services necessary to obtain access to the service.
Can provide someone my account?
Account Evernote services should not be shared.
If udostępnisz their basic data subscriber to anyone, that other person may be able to take control of your account, and we can not be able to determine who is the owner of the accounts.
In these circumstances, we do not assume any responsibility towards you (or anyone who share their basic data) as a result of your action or their subscriber.
Because you are entitled to free account services and many mechanisms for sharing content Evernote is being made available to other persons, we insist that do not provide their data strongly to anyone, unless you're getting it under the wealth management, as discussed below.
Once i account, what are my rights in service Evernote?
After the account and accept these conditions we user limited, licensing of a non-exclusive services in accordance with these conditions, unless the user will not remain without the possibility of services in accordance with the applicable rules, does not close to the closure of the accounts, willingly or by us accounts pursuant to these conditions.
Also we user worldwide, free of charge, personal and licensing of a non-exclusive nieprzenoszalnej software delivered by the Evernote or user Evernote on its behalf, solely in order to enable user software Evernote and reaping the benefits of the services, subject to any applicable conditions licence supplied with software and these conditions, until the expiry of Evernote rights in accordance with the license or these conditions.
User does not have any other rights or shares, or in the service. Evernote
Data protection provisions are saying that my data are my Evernote-what does that mean?
You copyright and any other rights which already as to its content, before posiadałeś them, leaked, in or did you transport via services. wyświetliłeś
You must, however, grant limited, as described below, licence Evernote so that we can allow you access to your data and their use in the service.
Outside this limited licence and other rights granted by the user in these conditions acknowledges and agrees, Evernote that does not have any rights, nor the interest on you under those titles conditions for any of your content.
What are the conditions licence that i have to admit Evernote?
Evernote handling services in order to allow, there must be some limited powers licensing for processing from you your content of intellectual property rights, so that measures covered by the technical that we have taken during handling services were not regarded as infringement.
For example, copyright may prevent us processing, maintenance, storage, backup and dissemination of certain content, unless you give us a right to it.
Therefore using services and distributing content, licences for display, exercise and you Evernote dissemination of content and for technical purposes, modifying (e.g.
Satisfying itself that the content is visible on, as well as computers and other equipment these smart phones) and reproduce content, in order to enable handling services. Evernote
Agree also that has the right to stop accepting, making available Evernote, storage, display, publish or transfer any content at its own discretion.
You agree that these rights and licences are free of charge, negotiable worldwide and irrevocable (subject to licensing for as long as your content is stored in us) and include the right to provide content by and transfer these rights to other parties, Evernote with which is related to the provision of services contractual relations Evernote, only in order to provide such services and in other ways to access or disclosure to third parties the content of the zezwalasz if finds that such access is necessary Evernote to comply with its legal obligations.
If you decide to take advantage of any services or applications of third parties integrated with, do you agree, too, that Evernote licences granted Evernote will apply to in the preceding subparagraph content, which is entered or sent through such a service, or an application of third party.
If chosen by you service or application third party will have access, or content, you rights and licences wyodrębni allowing access to third parties Evernote and separate the content.
Evernote did not have any responsibility for actions or omissions such applications, or third party providers.
Because depend on your rights for the transmission and distribution of content, proposing and that (1) have you guarantee to Evernote unlimited rights and authorisation to transfer content to to any other use, publication Evernote or other distribution contents during use of services and the rights granted Evernote under these conditions; and (2) the content of your are in accordance with our guidelines for users and these conditions.
In addition, you understand and you do agree that, in the exercise the steps required for the purpose of technical Evernote service our users, may make all such amendments in the content, which are necessary to adapt the content of the network, equipment, to the technical requirements of services or the media.
Ensure Evernote i have to admit what other?
Evernote when you are using services for sending messages to e-mail address, telephone number via sms or through the accounts of social media (e.g.
Facebook or linkedin), which has not been linked to the account, send such messages in your Evernote Evernote on behalf of, and we we rely on your statement that you have a direct link with the recipient () and that respect of recipients of the recipient (s) for certain types of messages (such as nieotrzymywania harassment, unwanted messages commercial and unwanted sms).
Every time you send a message to a third party, and you're any that you're doing the lawfully gwarantujesz Evernote and you have prior permission from the customers in the message that message.
Are there rules for this, what can i do in service Evernote?
Yes.
Use services must comply with these conditions.
As regards the use of services, do you agree that you are responsible for your behavior, and all the behaviour in your account.
This means that you run responsibility for all user-generated content, sent disabled, stored or displayed on your account as a person who has set up the content or introduced them to services.
Applies regardless of whether the content are kept in private, or by means of the service, or made available sent any applications, services or third parties integrated in service Evernote.
Our guidelines for users contain more detailed information on unauthorised behaviour in service.
If we find that any available content in your account undermines our conditions for the use of services (including through infringement of intellectual property of another person or the right to privacy), then we reserve the right to stop making available or remove this content.
I guess that has some rights associated with the service? Evernote
- All right.
This them here:
The rights to the.
User being the owner of content sent to services (subject to the rights of third parties) Evernote, acknowledges and agrees that Evernote (and its) is an owner of all the rights, licensor titles and shares in, including without limitation service software as part of the services and used by you or a third party in order to save the content of the services, such as originating from outside, scissors network Evernote, Evernote Scannable site or any software widget memory computer devices that allow for Evernote compatible access and use of services via that device (" software). " Evernote
Intellectual property rights.
Agreeing to these conditions, you agree, too, that the right to services and software, including any intellectual property rights Evernote, such as trademarks, patents, designs and copyright, are protected by one or more of copyright, trademarks, patents, business secrets and other laws, regulations and treaties, in addition to these conditions and any separate agreement.
Agree in particular not adjusted to create works of derivatives, or otherwise trying to separate dekompilować source code from any software, unless expressly authorized Evernote under the licence open source, or have our written consent, or otherwise permitted by law, notwithstanding that ban.
The right to modify services.
We right under our sole discretion, the introduction of new elements in its services or ancillary to services, including changes that may have an impact on the previous operation services and / or software Evernote.
We expect that any such modifications, but it is possible that service will improve your mind on this subject will be different.
Also so we reserve the right to establish the restrictions on the nature or their size of space storage, the number of transmission, the possibility of sending or receiving e-mail, nature or their size indices, or any information, in the nature or your continuing libraries able to gain access, or distribution of content and other data and to impose other restrictions at any time for notification, or not.
For example, if you are using a basic, you won't enjoy all Evernote benefits offered to subscribers plus, premium or business Evernote Evernote Evernote.
Accepting also note that the various measures may hinder or prevent access to the content of Evernote, or use of services at certain times, or in the same way, for a limited period or permanently, and you agree, that does not bear any liability for the outcome of such Evernote works, including, inter alia, the removal or can not provide content.
You agree, that we will not be held responsible against you or any third party for any modification, suspension or termination benefits of any part of the service.
If Evernote plus, but you are than premium business or other pay-tv Evernote Evernote services (" service " payable each version) and decide that any such modifications or breaks in service have negative effects on you, you can pay tell our team customer service, describing the negative effects of modifications and, if you want, require notice service pay.
Following receipt of such request we will strive to quickly remove the negative impact modification, extend the subscription services payable on a period equal to break, or have part of the fee for subscription services paid equal period, according to our pozostałemu niewykorzystanemu subscription arrangements, or in accordance with applicable law.
Right to the involvement of third parties.
Evernote involves specific entities associated or other third parties (" service provider ") for the provision of technical or other connected with all or part of the services and the user this agrees that such involvement is acceptable. these providers
Evernote furthermore, may conclude a contract with external sellers plus, or business services version Evernote premium and processors, in order to allow payments in local currency payments and payment systems.
For our personal privacy, to refer to the extent to which any entity or a third party may have access to associate information about, or content and our account in order to refer to the commercial terms of our relations with each seller or payments. a
The right to use the software of third parties.
Evernote may since include within the framework of services and software computer software provided by third parties, Evernote which is used with the consent of the relevant or copyright holders under the conditions of licencjodawców by these parties.
Provide information on certain software third parties here and in specific software Evernote.
Evernote expressly renounces the any guarantee or other assurances on software of third parties.
Right to update our software.
In connection with any modification of services may from time to time Evernote software updates on computers and devices automatically taken in order to improve, streamline, repair or further development of the services.
Evernote will make every effort to ensure an optional installation; however, in certain circumstances (e.g. update
Safety reasons may need to be able to install updates Evernote caution access to the service.
In each case to supply you the update (zezwalasz Evernote, and their receipt) in the use of a service.
If these conditions apply to users business? Evernote
When using services in the accounts, the use of services is regulated business Evernote by these conditions, except where a separate rules governing the accounts business contains contradictory conditions. Evernote
Customer who signed a contract with Evernote and business (as " customer Evernote administrator account ' and " administrator " are defined in the relevant agreement), responsible and right business Evernote to make available to any person, separate contractual terms and conditions which user account is related to the account (" end-user ') business Evernote.
If you're the end user accounts business, remember that the customer accounts Evernote Evernote business (for example, the employer or the organisation) could establish its own rules on access, use, disclosure or data storage end-users held in the accounts.
More information about the way in which your personal account works with your account business Evernote Evernote, will be in our privacy policy and in this article aid and knowledge.
As Evernote reacts to copyright infringement or other intellectual property rights?
Responding to a clear and complete notification of the alleged infringement of copyright, trademarks or other intellectual property rights, which meet the requirements of these conditions (which we feel are in accordance with the law of the united states digital millennium copyright and other provisions in force).
If you think your intellectual property rights are violated alert our team
Conformity in accordance with the instructions provided in the compliance with the rights of intellectual property and we'll for an investigation.
Please note that each owner of intellectual property is responsible for the protection of their rights and the taking of any legal or other activities which they deem appropriate and Evernote has not adopted any commitment to take any specific actions in order to enforce or protecting intellectual property rights of any parties on their behalf.
Whether kids can use Evernote?
Evernote is not addressed to minors, and every use made by minors should only take place under the supervision of and with the consent of parents, guardians or authorised staff of education.
Also depend on parents and that will ensure that minors have house parents of services only where they could understand their rights and obligations set out in these conditions and our privacy policy.
In accordance with the applicable law isn't consciously personal data from minors Evernote without parental permission.
If we find out that information in breach of the rules in force because we have inadvertently collection of information from children without the consent of, them immediately remove.
Where are my data transmitted?
The service is available throughout the world, but your data are stored in the united states, as described in our privacy policy.
Where services acknowledges that can transmit user electronic messages (including the basic data) via computer networks and content of the subscriber belonging to its service providers and other parties, Evernote third with offices in california, other locations in the united states and in other countries.
Therefore use of services is likely to lead to and international data transmission, and probably of interstate use of services will be tantamount to giving assent to such transmissions.
Closure of accounts
De-activate himself in our service you can at any time, for any reason (or for no reason).
De-activate account, but if you need you need to do, which were described in article some steps assistance and knowledge entitled " how my account? " disable
If subskrybujesz service paid, you've got in accordance with commercial terms. cancel subscription
Evernote may temporarily reduce you can benefit from the services, suspend access to the accounts or to close your account for notification, or without notification pursuant to these conditions.
Reasons for the suspension or closure of the accounts may include, in particular: (Evernote and violation of these conditions (including) guidelines for the user) or any separate agreement, (ii) a longer period of inactivity (defined according to the exclusive competence of the), (iii) Evernote non-payment by any user fees or other amounts payable Evernote, or any other side of the associated with the use of services, (iv) interruption or a substantial modification services (or any part of it), or (v) unexpected technical problems or security or broader unsupported operation.
In most cases, if we decide to close your account, we'll notify you of at least 30 days in advance on the e-mail address to us, so that you have a chance to recover that you have entered all the content of the stored on servers services (unless we will settle that we are legally obliged not to provide such notification or allow you recovery data).
After expiry of this period of notice you won't could charge content of on this account or otherwise benefit from services through this account.
What will happen to my account, after my death?
Commitments Evernote to protecting the privacy of your content will continue even after your death or in the absence of legal capacity.
If you want someone to have access to your content or other data on account after you are no longer able to provide them with access, you must implement process personally, providing them with information.
Udostępnimy not your information or your content to anyone, even next of kin, unless we will settle that we are legally obliged to that.
We encourage, to instructions regarding the basic data include subscriber access to content in will or other plans for assets, so everyone who should have access to your account, to be able to obtain it.
See our commercial terms, in order to obtain information on the completion of payments for services paid after the death of, or if no legal capacity.
If i got a great idea, which i would like to share with, what are my rights? Evernote
Transmission ideas, suggestions, in the case of any documents or proposals relating to service (or other products or services) for via the " contact Evernote us ' forum users or customer service, or through any other channel, or mechanism (including a " contribution "), to the news and you do agree that you accept: (i) your contribution does not contain confidential information or proprietary; (ii) Evernote is not obliged to confidentiality, the explicit or tacit, as regards the contribution; (iii) Evernote has the right to use or disclosure (or inactivity, or) such a contribution for any purpose and non-disclosure in any way; (iv) may consider or develop something similar already Evernote for your contribution; (v) your contribution automatically become the property of the free from any obligation towards you; Evernote Evernote and (vi) in any case, you have no right to any accounting, compensation or reimbursement from Evernote.
Or Evernote displays advertising?
Our business model is to make the services so that users will want to subscribe to our valuable service paid.
Display advertising and promotion in however, we can offer related to the service or in service, some of which may be paid for by third parties.
More information can be found on the privacy policy and information about files cookie.
Some advertising or other content sent by the us will be based on the information provided by third parties and we will not be held responsible for any loss or damage sustained by the user as a result of any advertising or other messages.
Also your interaction with containing service or through her in its advertising customers, including, inter alia, confidence arising from advertising, all commercial transactions and related legal commitments are only between you and those of its advertising customers.
What i ought to know?
Link, content and programme of third parties.
Can join or recommend resources, materials and software providers of third parties or links to websites, content and application of third parties in the framework of services or in connection with it.
We may have little or no control over such parties or suppliers and therefore to messages and software you accept you do agree that (i) no are responsibility for the availability of these parties, the content or external application; (ii) does not have a responsibility for the content or other materials, or the results of these sites, or applications and (iii) will not be held responsible, directly or indirectly, for any damage or loss due to, or allegedly caused by, or in connection with the use of, or relying on these texts, materials or applications.
Security.
Agree secure the company, its subsidiaries, branches, Evernote agents, workers, service providers and other partners from any advertisers damage and against any claims, obligations (real), losses and the output odszkodowaniom and expenditure (including legal and professional) arising from or in any way from third parties concerning the exercise by the user of claims any service, these conditions of service or any other infringements of activities related to the use of services (including all the action taken in your account).
For such claims we will strive to tell you about the claim, or to the contact details of the account using the respect, provided that no provide such notification would not eliminate or will not reduce the indemnity undertaking.
Limitation of liability and the exclusion of the guarantee.
In maximum permitted by the law of the service is available " as it is. "
Clearly understand and agree that:
Your use of services and purchases and use of any of the services take place in your sole responsibility.
The service is provided on a " as is " and " where available. "
In maximum the extent permitted by law expressly renounces the any guarantees and conditions EVERNOTE of any kind, clear or, including, inter alia, implicit guarantees and conditions of trade alleged suitability suitability for any purpose and integrity.
EVERNOTE does not guarantee that (i) the service meets all your requirements; (ii) the service will be continuing, forward, safe or free from error; or (iii) all errors in the software or service will be corrected.
Any material collected or obtained in another way as a result of the use of services are operated according to your own recognition and on your responsibility and user shall have sole responsibility for any damage to the computer or any other device, or loss of data resulting from the collection, or the use of such materials.
No advice or whether it verbal or written, obtained by you from or through, or with services EVERNOTE, does not provide any guarantee, which is not clearly identified in these conditions to provide services.
Clearly understand and you agree that, its subsidiaries, entities associated EVERNOTE, service providers and licensor and our and their employees, agents and successor shall not be liable towards you for any direct, indirect, accidental, special performance or reference harm, including, inter alia, of injury, goodwill, use, profit loss data, coverage or other losses intangible (even if were informed of the possibility of such damage) due to: (i) use or can not use services, or to the use of codes promotion or points; (ii) the cost of purchasing EVERNOTE replacement services arising from the data, information and / or services purchased or obtained, or received messages, or through, or in the transactions concluded service; (iii) access to or loss of, or damage to change NIEAUTORYZOWANY your transmission, content or data; (iv) claims or the any third party on the use of a service, or the provision of any services associated with servicing services; (v) act or omission by actions based on your basic data of the subscriber and EVERNOTE any change thereof,
Exemptions and restrictions.
No provision in these conditions provide services (including records of liability) is not intended to exceptions or limitations of any clause, guarantees, or responsibility, which can not be right under the law of excluded or limited.
Some jurisdictions do not allow the exclusion of certain guarantees or clause, or restrictions, or exclusion of liability for losses, or injury caused by the wilful misconduct, through agreements or implicit conditions or violation violation, accidental or resulting injury.
Therefore only this responsibility and other restrictions which are in accordance with the law in your jurisdiction (if any), will apply to you, and our responsibility is limited to the maximum scope of the allowed by law.
If Evernote will have to send me notice about something like this would happen?
This is another reason why it is important to make sure that the basic data are accurate, complete and current. subscriber
Can provide you by e-mail (e-mail notification e-mail address associated with your account), by post or publications on websites associated with the service, which relates to the problem.
How can i send notice to? Evernote
Except where these conditions or any separate agreement clearly provide for the use other way or address for notification, any notification to must be provided by electronic mail to the address Evernote compliance @ evernote.com.
The e-mail address may be revised in response to each update these conditions providing the service.
Provide notification by e-mail if you can't, you can send to us notification at the following address (depending on the service provider):
Evernote corporation
305 walnut street
Redwood city, california 94063 usa
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 17. no CNPJ
566.
240/0001-50
Avenida paulista, no 2.
300
Andar Pilotis
Edifício são luiz gonzaga
Cep 01310-300:, são paulo / sp
Attention: legal notice
Are countries in which i can't use Evernote?
You can't use or otherwise export services, or any software, unless this is permitted by Evernote right of the united states (us) and the rights of the jurisdiction in which the service is in which the user makes use of the services or hostowana.
In particular, but without restrictions, software can not be (i) Evernote exported or re-exported to countries subject to economic sanctions county, or (ii) the provision or used by operators located in the lists of a us treasury covering the list of persons, or specially marked riders sanctions foreign citizens or persons, or rejected by the us doc unverified units.
Using services, proposing and that you are in any not-guarantee it from those countries or on any of those lists and you do not use of services, or provide access to the services or allow its use anyone in any of these countries.
Also are responsible for the control of the export of the economic sanctions and current related provisions during the journey across international borders and to obtain access to content.
What law is my own use Evernote?
Resident if you're the united states or canada, these conditions and the relationship between you and Evernote (including any disputes) are regulated in all aspects of the state of california, right in the united states, in so far as they relate to the contracts concluded and implemented in its entirety in california between residents, irrespective of the california law contradiction.
Because if you live in brazil, these conditions and the relationship between you and (including any disputes) will be Evernote governed by the law in all aspects of brazil and will be regarded as made and approved in brazil, regardless of the contradiction of legislation.
If you're living outside the united states, canada and brazil, these conditions and the relationship between you and (including any disputes) will be Evernote governed by the law in all aspects of switzerland and will be considered adopted and accepted in switzerland, regardless of the contradiction of legislation.
If any provision in these conditions service will be recognised by the competent court declared invalid, the parties agree, however, that the court he has made efforts to give effect to the parties, as reflected in the record of the intentions of, and other records in terms of service shall remain in full power.
What should i do if i have a claim against Evernote?
Inform us of their claim.
If you have any doubts about the action service or any software, we encourage contact with our Evernote team customer service, because we want to know if you have a problem and give you the greatest satisfaction with the use of a service.
The launch of an official claim.
If you come to the conclusion that not your concerns and that you have to take action rozwialiśmy legal, do you agree that your claim must be solved through the processes set out in these conditions.
Evernote provides a service provided that you accept described below, so if provisions on dispute settlement will you bring any claim against Evernote in any other way, those conditions and you agree that naruszysz Evernote has the right to such claims or discharge of the procedure in other remoteness way and you agree, justified costs incurred in defending against such Evernote wrongly initiated concerned roszczeniowym.
You agree that, prior to the opening of any formal proceedings against, a notice to our lawyers to send Evernote address and that you legalnotice @ evernote.com oświadczysz " notice of the dispute. "
Following the notification of dispute will attempt to settlement of the dispute by informal negotiations within sixty (60) days from the date of dispatch of the notice the dispute.
If dispute remains unresolved, you can open the formal procedure pursuant to these conditions.
Except, in which our is awarded on the basis of arbitration (as described below), if you are a resident of the united states or canada, do you agree that any claim or dispute which you may be against must be settled only by the court Evernote state or located in san mateo county federacyjny in california.
You agree to have exclusive jurisdiction located in san mateo county, personal courts in california (and, to the avoidance of doubt, exclude any other jurisdiction to settle all of the court) of such claims or disputes.
Except, in which our is awarded on the basis of arbitration (as described below), if you are a resident, do you agree that any claims brazil or disputes which you may be against must be settled only courts Evernote located in são, in brazil Paolo-sp.
You agree to have exclusive jurisdiction contained in personal courts, in brazil (and são Paolo-sp in order to avoid doubt exclude any other court) in order to settle the jurisdiction of all such claims or disputes.
Except, in which our is awarded on the basis of arbitration (as described below), if you're not a native of the united states, canada or brazil you do agree that any claims or disputes, which you may be against must be settled only courts Evernote located in zurich, switzerland.
You agree to have exclusive jurisdiction contained in zurich, in personal courts (and, in order to avoid switzerland doubt off any other) in order to settle the jurisdiction of the court of all such claims or disputes.
Alternative dispute resolution process.
Unless stay covered by that agreement and subject to any arbitration referred to below the existing legal provisions, if between you and the emergence of a claim, in which the total value of Evernote such claims is less than 10,000 dollars, national governments claim may elect to the dispute resolved in accordance with binding arbitration process that does not require appear in person.
This " alternative dispute resolution process " will be initiated by any party sending notice to the other party, in which case the user and Evernote agree to take reasonable efforts to take a decision within thirty (30) days with regard to persons or services management process an alternative method of dispute settlement (" manager ") in accordance with the following requirements: arbitration panel (and) none of the parties will not be required for personal to participate in any proceedings, (ii) the will be conducted through the written submissions, telephone conversations or correspondence, or in any other way, agreed website (iii) fees for arbitrator will be borne in equal parts by the parties or will be transferred to manager in order to establish in the course of proceedings and arbitration (iv) a judgment given by an arbitrator may be brought to any of the court of competent jurisdiction to comply with.
If reside in the european union (eu), remember that we this alternative dispute resolution process, but we can not offer you platform dispute settlement european commission, because we don't have a unit of the eu.
Arbitration agreement.
If you live in the united states or otherwise subject to u.s. federal law on arbitration, you and you agree that any dispute or Evernote claims that have arisen or may arise between us-with the exception of disputes relating to the enforcement or your date, our or our intellectual property rights-will be settled only licencjodawców by final and binding arbitration, and not in court, with the exception of redress in court for
Small claims, if your claim, are eligible.
Arbitration federal law the its interpretation and enforcement of the agreement (arbitration.
Remember that if you were a user services before 4 december 2012.
And formally decided to refrain from the arbitration agreement in accordance with the procedures set out in our conditions service which come into force on 4 december 2012.
Not under this agreement arbitration).
Our arbitration will be conducted by the american Arbitration association (" aaa ") in accordance with applicable at that time, the rules and procedures, including additional procedures relating to consumer disputes as appropriate (aaa), revised by our agreement arbitration.
You can look at these policies and procedures and to obtain a form for initiating the procedure on the website of arbitration aaa.
Arbitration will be conducted in county in which you live or in another mutually agreed here.
Redress 10,000 dollars if the expected is or less, each party may decide to conduct referral on the phone or solely on the basis of written submissions, and the decision would be for us, except when an arbitrator binding requests. personal hearing
Both we and you can attend the hearing by telephone, unless otherwise. an arbitrator requires
Arbitrator decides on the content of all claims in accordance with the law of california, including recognised principles, and it will all claims for equity honorował recognised by law privileges.
Arbitrator shall not be bound in previous involving different users arbitrażach rulings, but is bound by the rulings in previous Evernote involving the same user in terms of arbitrażach required by the applicable law.
Judgment arbitrator is final and binding, and the verdict on the judgment by arbitrator may be placed in any court having jurisdiction over the parties, except for a limited right to appeal in accordance with the federal law on arbitration.
Rules aaa will regulate all registration fees, administrative and arbitration, unless our arbitration agreement expressly states otherwise.
If amount of any claims in the referral is 10,000 dollars or less, will pay all registration fees, administrative and Evernote entailed by the arbitration if arbitration (and) file a written request for such a fee and you sent her with a request for arbitration and (ii) aaa your claim is not determined by the arbitrator as pointless.
In this case, we will take steps to pay all the necessary charges directly to the aaa.
If amount of the claim exceeds 10,000 dollars, and you're able to demonstrate that the costs of arbitration will be compared with the costs of legal proceedings, high enough registration fees, administrative and will make Evernote arbitration, insofar as it deems reduce the costs of. arbitrator
If arbitrator establishes that the claim that the referral is pointless, while you get you agree to draw all charges relating to the arbitration brought by Evernote on your behalf, which in another Evernote case you would be in accordance with rules required to pay aaa.
EVERNOTE agree, under you and arbitration agreement, either party may lodge their claims against another only and not under any alleged individually, or the collective application action or an action.
We call it " ban actions and actions, block " unless both parties agree otherwise, the conciliator can not claim to consolidate or accompanied by claims of another person or, nor the can lead any other form of an action or of class actions.
Arbitrator may grant relief (including relief monetary and) for the benefit of a single conceptual NAKAZOWĄ parties seeking relief and only to the extent necessary to ensure the assistance required by individual claims that side.
Each granted relief should not affect the other users EVERNOTE.
Except ban actions and actions block if the court decides that any part of this agreement is invalid or not feasible, other parts of the arbitration this arbitration agreement will continue to apply.
If the court decides that the ban on the actions and actions block is invalid or if feasible, then the entire agreement arbitration is invalid.
Remained part of those conditions and that section (what should i do if i have a claim against Evernote?)
Will continue to exist.
Claims are temporary.
You agree that, regardless of any law or the law contrary, or applicable in the process of dispute settlement, any claims that may arise or be related to the use of services or emerging otherwise under these conditions, must be submitted within one (1) the year after the such claims otherwise you'll agree to the total abandonment of such claims.
The provisions of this section, entitled " claims are temporary, will be regarded as a separate " written legally binding agreement between you and us.
Specific information to users from california.
In accordance with paragraph 1789.
3 civil code of california users of services shall be entitled to the following specific notification of california consumer rights: with the for
Handling complaints in the consumer services in the department of consumer affairs in california may be contacted in writing at 1625 north blvd., market
Suite n 112, sacramento, ca 95834 or by telephone () or (800) 916 445-1254 952-5210.
You can contact with us by e-mail at legalnotice @ at: evernote.com or
Evernote corporation
305 walnut street
Redwood city, california 94063 usa
Attention: legal notice
Anything else?
A few final, but important points.
First of all, these conditions are all agreement between you and governing by you, services and Evernote, except for the conclusion of the agreement of a separate.
These conditions shall replace any prior agreements or previous versions of these conditions between the operator and for the use of services from the date of entry Evernote indicated in force at the beginning of these conditions.
If through access to services or the use of the user, or product or service benefits obtained from a third party may also be subject to conditions that third party, and these conditions do not affect the legal relationship with the third party.
Also user acknowledges and agrees that any entity will be a third-party beneficiary associate Evernote these conditions and that these other companies will be entitled to direct enforcement and rely on any provisions of these conditions, which grant them benefit (or provide law in their favour).
Besides any other person or company would not be a separate beneficiary of these conditions.
Headlines section in these conditions service is purely informative and does not have legal effects or contractual.
In case of conflict is the english version.