Picnotes Learnings Ltd.
Effective as of December 13, 2018
Company’s website, which can be accessed at www.picnotes.org “Service” refers to the Company’s services accessed via
the Site, in which users can Our users will have platform where they can share knowledge with their friends, create
a portfolio of educational topics and when they reach a certain threshold offer freelance research services to other
users. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site.
Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these
ABOUT THE SERVICE
The Service allows you to share educational topics by creating Picnotes. You can choose an educational topic, upload a
picture and share your notes in a maximum of 650 characters. You can then share your topics with your network. You
also have the option to share additional resources such as articles links, books recommendations and multimedia
resources. When you create a set of 20 educational notes we'll upgrade you status from lifelong learner to a Picnotes
Pro and offer freelance research services.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
If you are a user who signs up for the Service, you will create a personalized account which includes a unique
username and a password to access the Service and to receive messages from the Company. You agree to notify us
immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any
liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
access the Service for any reason other than your personal, non-commercial use solely as
permitted by the normal functionality of the Service,
collect or harvest any personal data of any user of the Site or the Service
use the Site or the Service for the solicitation of business in the course of trade or
in connection with a commercial enterprise;
distribute any part or parts of the Site or the Service without our explicit written
permission (we grant the operators of public search engines permission to use spiders to copy materials from the
site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this
permission at any time on a general or specific basis);
use the Service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
intentionally allow another user to access your account;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the Site, the Service or the related systems, or take any
action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our
servers or network infrastructure; · bypass any robot exclusion headers or other measures we take to restrict access
to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or
circumvent, disable or otherwise interfere with any security-related features of the
Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service
or the content accessible via the Service; or
publish or link to malicious content of any sort, including that intended to damage or
disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide [Description of Info That May Be Provided:
Descriptive educational topics that you’re passionate about. ] (“User Content”) to the Service. You are solely
responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User
Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User
Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in
to or while using your account;
You will not post information that is malicious, libelous, false or inaccurate;
You will not post any information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
You retain all ownership rights in your User Content but you are required to grant the
following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and
“Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant
to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform that Content in connection with the provision of the Service; and you
grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content
through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such
You will not submit content that is copyrighted or subject to third party proprietary
rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the
appropriate permission from their rightful owner to specifically submit such content; and
You hereby agree that we have the right to determine whether your User Content
submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and
terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content
that you make available or access through your use of the Service is solely your responsibility. The Site is not
responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology
we employ, may monitor and/or record your interactions with the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not
directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors
are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we
adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made
by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or
third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage
resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials
posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other
person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. E-mails sent between you and
other participants that are not readily accessible to the general public will be treated by us as private to the
extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion
violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the
rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil
prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as
well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or
Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or
Third Party Applications, Software or Content or the promotions, materials, information, goods or services available
on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party
Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or
completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party
Applications, Software or Content posted on, available through or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party
Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or
installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval
or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party
Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies,
and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any
applications you use or install from the Third Party Site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
- Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and
requires that the users do the same. We have adopted and implemented a policy that provides for the termination in
appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for
participants or users who are found repeatedly to provide or post protected third party content without necessary
rights and permissions.
- Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that
any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the
following information in writing to our designated copyright agent at [email protected]
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and
information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone
number, and/or email address;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone
number, and/or email address;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Counter-Notices. If you believe that your User Content that has been removed from the Site is not
infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant
to the law, to post and use the content in your User Content, you may send a counter-notice containing the
following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it
- A statement that you have a good faith belief that the content was removed as a result of mistake or a
misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of
the federal court in and a statement that you will accept service of process from the person who provided
notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original
complaining party informing such person that it may reinstate the removed content in ten (10) business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the
removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days
or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right
to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide
license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform,
publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as
contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now
known or hereafter developed, for use in connection with the Service.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the
Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required
by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email
communications that we provide to you electronically satisfy any legal requirement that such communications would
satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and
special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the
message, or by sending an email to [email protected]
Opting out may prevent you from
receiving messages regarding the Site, the Service or special offers.
is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your
endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to
the email address you provided to us upon registration. For this additional reason, you should keep your contact and
profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our
rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one
of our officers. No purported waiver or modification of this agreement on our part via telephonic or email
communications shall be valid.