Last updated: 25 Feb 2019
Salvanote Terms of Service
Terms of Service ("Terms")
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Salvanote Mobile App (“App”) and/or websites on the salvanote.com domain (“Website(s)”) (together known as the “Service”), operated by Salvanote Pty Ltd (“us”, “we”, “our”, “Salvanote”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, administrators, and others who access or use any part of the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
In order to use the Salvanote Service, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to these Terms, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times.
You promise to act in good faith at all times in your use of the Service, and in any representations you make about the Service, whether public or private, in whatever form.
We may terminate or suspend access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”), the terms of which are described separately in the Subscription Agreement.
Users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, video, audio, information, documents, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content provided to the App or Websites, as well as any other part of the Service.
You promise that, with respect to any User Content you produce, you own or have the right to post/send such User Content, and:
- when the User Content is provided in a message in the App:
Such User Content, or its use by you or the message recipient(s), does not violate these Terms, or User Guidelines, or any other rights set forth in applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by us without express written consent from us and/or the individual or entity holding those rights.
- when the User Content is provided via our Website(s):
such User Content, or its use by us as contemplated by these Terms or other agreements, does not violate these Terms, or User Guidelines, or any other rights set forth within these Terms, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by us or any entity or individual without express written consent from us and/or such individual or entity.
Salvanote may, but has no obligation to, monitor, review, or edit User Content provided via our Websites. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates the Terms. We may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post or send. Salvanote is not responsible for User Content nor does it endorse any opinion contained in any User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SALVANOTE RELATED TO USER CONTENT THAT YOU POST/SEND, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SALVANOTE HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Rights You Grant Us
In consideration of the rights granted to you under the Terms, you grant us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide information and Content to you.
If you provide feedback, ideas or suggestions to us in connection with the Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise us to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
Excluding direct private messages sent within the App to parties not directly representing Salvanote, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Salvanote respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure it stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under these Terms or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it;
- using the Service to import or copy any local files that you do not have the legal right to import or copy in this way;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Service, Content or any part thereof except to the extent permitted by applicable law;
- circumventing any technology used by Salvanote, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Service or the Content;
- circumventing any territorial restrictions applied by us or our licensors;
- artificially generating messages, sign-ups, or otherwise manipulating the Service by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
- removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password, PIN, or access credentials to any other person or using any other person’s username, password, PIN or access credentials;
- “crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from the Service;
Please respect Salvanote, the owners of the Content, and other users of the Service. Don’t engage in any activity, post/send any User Content, or register and/or use a name or username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Salvanote or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorised by Salvanote;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorised by Salvanote;
- interferes with or in any way disrupts the Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Salvanote’s computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof;
- conflicts with these Terms or related agreements, as determined by Salvanote.
You acknowledge and agree that posting or sending any User Content that violates these User guidelines (or that Salvanote reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Salvanote account. You also agree that Salvanote may reclaim your username for any reason.
Please be thoughtful about how you use the Service and what you share. The Service includes social and interactive features, including the ability to post/send User Content, share content, and make certain information about you public. Remember that shared or publicly available information on Salvanote may be used and re-shared by other users and/or organisation administrators within your organisation, so please use the Service carefully and be mindful of your account settings. Salvanote has no responsibility for your choices to post/send material on the Service.
Your PIN and/or username and password (“Credentials”) protects your user account and also secures message in the App, and you are solely responsible for keeping your Credentials confidential and secure. You understand that you are responsible for all use (including any unauthorised use) of your Credentials on the Service. If your Credentials are lost or stolen, or if you believe there has been unauthorised access to your account by a third party, you must notify us immediately and change your PIN or password, as applicable, as soon as possible.
Using The Service
The Service and the Content are the property of Salvanote or Salvanote’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service (“Access”). This Access shall remain in effect until and unless terminated by you or Salvanote.
The Salvanote software applications and the Content are not sold or transferred to you, and Salvanote and its licensors retain ownership of all copies of the Salvanote software applications and Content even after installation or use on your personal computers, mobile phones, tablets, and/or other devices (“Devices”).
All Salvanote trademarks, service marks, trade names, logos, domain names, and any other features of the Salvanote brand (the “Brand”) are the sole property of Salvanote or its licensors. These Terms and related agreements do not grant you any rights to use any Brand features whether for commercial or non-commercial use.
You agree to abide by our User Guidelines and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by the Terms. Except for the rights expressly granted to you in the Terms, Salvanote grants no right, title, or interest to you in the Service or Content.
Third party software (for example, open source software libraries) included in the Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
Third Party Applications and Devices
The Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party devices (“ Devices”) to make the Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Salvanote does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Salvanote warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
Service Limitations And Modifications
Salvanote will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to us for Paid Subscriptions that we permanently discontinue prior to the end of the Pre-Paid Period (where applicable, defined in your Subscription Agreement), we will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Salvanote will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Salvanote and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
If you establish a Salvanote account on behalf of a company, government, institution, entity, brand, or organisation of any kind (“Organisation,” and such account an “Organisational Account”), the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Organisation.
If you create a Organisational Account, you represent and warrant that you are authorised to grant all permissions and licenses provided in the Agreements and to bind the Organisation to the Agreements.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Salvanote.
Salvanote has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Occasionally we may make changes to these Terms and related agreements. When we make material changes to the Terms, we’ll provide you with notice as appropriate under the circumstances, eg: by displaying a prominent notice within the Service or by sending you an email. What constitutes a material change will be determined at our sole discretion. In some cases, we may notify you in advance of planned changes, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
YOU UNDERSTAND AND AGREE THAT THE SALVANOTE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SALVANOTE MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SALVANOTE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SALVANOTE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SALVANOTE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SALVANOTE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SALVANOTE SHALL CREATE ANY WARRANTY ON BEHALF OF SALVANOTE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
These Terms (and any disputes/claims arising out of or in connection with them) are subject to the laws of the state of New South Wales, Australia, without regard to choice or conflicts of law principles. Further, you and Salvanote agree to the jurisdiction of the courts of New South Wales to resolve any dispute, claim, action, or controversy that relates to or arises in connection with these Terms.
If you have any questions about these Terms, please contact us.