Your OTB games all in one place.

Terms and Conditions / User Agreement

Last updated May 1, 2024

Welcome to notationary.app (“app”). This app is owned and operated by Notationary, LLC (“we” and “us”). The app provides you with content, as well as various e-commerce, community, and chess Services (“Service(s)”).

The following terms and conditions (“Terms and Conditions,” "Terms", “Terms of Use”) govern all use, whether by Clients or Other Users (“you”, “your”, “User(s)”), of Our app and Services, or any other content, materials, services, features, activities or products available at or through Our app. You agree that by accessing the app, you have read, understood, and agree to be bound by all of these Terms and Conditions as well as our Privacy Policy. If you disagree with any part of the terms then you may not access the Service.

We reserve the right to modify or amend the Terms from time to time for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

If you are under the age of 13, you may only use our app or Services under the supervision of a parent or legal guardian.

These terms and conditions were created with the help of Termly.

Account Registration and Access

You may be required to register for the Chess Service. To create an account, you must complete the registration process by providing Notationary with the information prompted by the registration form, including email address (username) and password. You agree to provide us with complete and accurate information when you register for the Service, and to keep such information up to date. Our app may allow you to log in to your account through online accounts you may have with third-party social networking apps such as Google. You agree and acknowledge that your use of such social network services is subject to such terms and conditions and/or privacy policies of such social network apps, and agree to abide by such requirements.You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. You agree to notify Notationary immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Service. Notationary may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access

Fees

As an express condition of your use of and access to the Notationary Service, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Analysis Service.

Changes in Fees

We may, upon any notice required by applicable law, change the fees for the Service at any time or require new fees or charges. Such changes will be effective immediately upon posting on Our app; provided, however, that such fee changes will be effective only as to prospective Service orders (including renewals) accepted by Notationary after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.

Payment Terms and Refunds

All fees for your Plan will be billed to your credit card or alternative payment method offered by Notationary. You authorize the card issuer to pay any amounts described herein and in your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete, and accurate billing and credit card information.The fees for your Plan are billed in advance and are non-refundable. No refunds or credits will be provided for partial months of the Service, upgrades/ downgrades, or for months unused with an open account. We reserve the right to deactivate your access to the Service for failure to pay applicable fees as described in these Terms. Unless otherwise stated, all fees are stated in U.S. Dollars.

Intellectual Property Rights

All of the content featured or displayed on the app, including, but without limitation to, text, graphics, images, videos, and illustrations (“Content”), is owned by Notationary, its licensors, agents, and/or its Content providers. All elements of the app, including, but without limitation to, the general design and the Content, are protected by copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the app may only be used for the intended purpose for which such app and Services are being made available. Except as may be otherwise indicated in specific documents within the app, you are authorized to view, print, and download documents, audio, and video found on our app for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the app.You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the app and Services. The app, its Content, and all related rights shall remain the exclusive property of Notationary or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this app.

Third-Party apps And Content

The app may contain (or you may be sent via the app) links to other apps ("Third-Party apps") as well as articles, photographs, text, graphics, pictures, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").Such Third-Party apps and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party apps accessed through the app or any Third-Party Content posted on, available through, or installed from the app, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party apps or the Third-Party Content.Inclusion of, linking to, or permitting the use or installation of any Third-Party apps or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the app and access the Third-Party apps or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.You should review the applicable terms and policies, including privacy and data gathering practices, of any app to which you navigate from the app or relating to any applications you use or install from the app. Any purchases you make through Third-Party apps will be through other apps and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.You agree and acknowledge that we do not endorse the products or services offered on Third-Party apps and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party apps.

Term And Termination

These Terms and Conditions shall remain in full force and effect while you use the app. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the app (including blocking certain IP addresses), to any person for any reason or for no reason, including, but without limitation, for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the app or delete [your account and] any information that you posted at any time, without warning, at our sole discretion.If we terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the app at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our app. We also reserve the right to modify or discontinue all or part of the app without notice at any time.We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the app.We cannot guarantee that the app will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the app, resulting in interruptions, delays, or errors.We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the app at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the app during any downtime or discontinuance of the app.Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the app or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms and Conditions and your use of the app are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State/Commonwealth of Illinois, without regard to its conflict of law principles.

Corrections

There may be information on the app that contains typographical errors, inaccuracies, or omissions that may relate to the app, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the app at any time, without prior notice.

Disclaimer

The app is provided on an “as-is” and “as-available” basis. You agree that your use of the app and our Services will be at your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the app and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the app’s content or the content of any web apps linked to the app and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the app, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the app, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the app by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the app. We do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked web app, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the app, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the app; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the app with whom you connected via the app.Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the app for the purpose of managing the app, as well as data relating to your use of the app. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the app.You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, And SignaturesVisiting the app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the app, satisfy any legal requirement that such communication be in writing.YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE app.You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the app. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Contact In order to resolve a complaint regarding the app or to receive further information regarding the use of the app, please contact us at notationary@proton.me

User Agreement

Last updated: May 1, 2024

You must carefully read this User Agreement (“Agreement”) in its entirety before using notationary mobile application, related website notationary.app and any other websites or apps created and maintained by Notationary, LLC. This is a legally binding agreement between you and Notationary, LLC (“Notationary”, “we”, “our” or “us”). Our Subscriber Agreement, the “Other Policies” all are fully integrated into this Agreement, meaning that by accepting this Agreement, you also accept the Other Policies. The Other Policies are a part of this Agreement, even if we display the Other Policies on other webpages. If you are unable to access any of the Other Policies using the links below, please notify us at https://notationary.app. Further, our Privacy Policy describes how we collect, handle and use the information you provide to us when you use the Service. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.Notationary/legal/privacy. Our Notationary website and any content, tools, features, and functionality offered on our website and the related Notationary mobile application, or any other websites or apps created by us, are collectively referred to as the “Services”.

By using our Service you agree to the terms in this Agreement. If you do not agree, then you should not use our Service, as further defined below. Your use of the Service is deemed a “continuing acceptance” of this Agreement, meaning that every time that you use the Service you accept the then-current version of the Agreement or any of the Other Policies, even if they have changed (without notice to you) since the last time that you used the Service.

To enter into this Agreement, use the Service, and/or create an account with us, you must be at least 13 years of age or older. If you are not of legal age in your jurisdiction but are at least 13 years of age, then your parent or legal guardian must consent to this Agreement on your behalf prior to your use of the Services and you may only use the Services with the involvement of your parent or legal guardian. If you are under the age of 13 you may not use the Service. If you enter into this Agreement, then you are affirming that you meet these requirements and we are permitted to reasonably rely on that. If you or someone you know has created an account on Notationary who is under the age of 13, please notify us at https://support.Notationary.

This User Agreement, the Other Policies, and our Privacy Policy may be updated or modified from time to time; so you should check this page regularly to look for any changes. If you continue to use our Service, then you are telling us that you continue to agree to any changes to these agreements and policies. We are not required to notify you in the event that we change any of our policies, except that if you are a resident of the State of California or a domiciliary of any country subject to the General Data Protection Regulation, we will notify you if we: (a) make any changes to this Agreement or the Other Policies permitting us to sell your user data, or (b) if we make any commercial use of your user data other than for internal purposes only.

YOU SHOULD TAKE PARTICULAR NOTICE THAT THIS AGREEMENT INCLUDES THE FOLLOWING PROVISIONS: (1) AN ARBITRATION CLAUSE; (2) A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION LAWSUIT AGAINST US; (3) AND A RELEASE OF ALL CLAIMS AGAINST US THAT MAY ARISE OUT OF YOUR USE OF OUR SERVICE.

Arbitration, Controlling Law, and Jurisdiction

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If you have any dispute with Notationary that relates in any way to this Agreement, including the Other Policies, the Privacy Policy, or from access to or use of our Service, or from any other use of the Services and/or transactions with Notationary of any kind, including use of Notationary for marketing or educational purposes and all other purposes, then both of us agree to pursue a resolution in the manner outlined below. We each have thirty (30) days from the date of your initial agreement to the Agreement to opt out of this Arbitration Provision.

1. Informal Resolution

You will first contact us at https://notationary.app to give us notice of your dispute and attempt to resolve it with us informally.

You must title your notice to us “Notice of Dispute” and it must include your full legal name (your real name), any relevant account name you use (your account name or account ID), your address, how to contact you, your problem, and what you want us to do. We will attempt in good faith to negotiate a resolution of the dispute for at least thirty (30) days from the date you first contact our support group. If we are unable to resolve the dispute informally, then we will pursue a resolution in the following manner:

2. Arbitration

The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to this Agreement, even if you are not a domiciliary of the United States. All applicable international analogs to the FAA apply to this Agreement, except that no United Nations International Covenants, including the United Nations International Covenant on the Sale of Goods, apply to this Agreement.

Arbitration Procedure

You must deliver a Notice of Intent to Arbitrate by certified mail using the U.S. Postal Service to: Notationary LLC, 7055-2 N Ravenswood Ave, Chicago, IL 60626. Your Notice must: (a) describe the nature and basis of your claim; and (b) set forth the specific relief you seek.

You then will submit any claim to final and binding arbitration with the American Arbitration Association (“AAA”), using its applicable Commercial Arbitration Rules and Consumer Arbitration Rules, as modified by this Agreement. The AAA Rules are found at http://www.adr.org.

The Arbitrator will be bound by this Agreement. AAA and the Arbitrator will conduct all phases of the proceeding in English. The Arbitrator will conduct the hearing virtually but, if the parties agree that an in-person hearing is necessary, then the Arbitrator will conduct the hearing either in Cook County, Illinois or the county where you reside. You may choose between the two locations.

Any decision or award will include a written statement which sets forth the decision of each claim and the basis for the award, including the Arbitrator’s essential factual and legal findings and conclusions.

The Arbitrator may only award legal or equitable remedies that are requested by you or Notationary to satisfy one of our individual claims (and which the Arbitrator determines are supported by credible relevant evidence). The Arbitrator may not award relief against Notationary respecting any person other than you.

If necessary, either party may submit any arbitration decision or award to any court of competent jurisdiction to be enforced as a final judgment. The arbitrator’s award will be deemed final and binding, without the opportunity for appeal. All parties to such arbitration agree to waive any appeal rights, to the fullest extent permissible under the FAA and the then-current Commercial Rules of the AAA.

If for any reason a dispute between you and Notationary proceeds in court rather than in arbitration, then the laws of the State of Illinois and the FAA will govern, without regard to or application of any conflict of law provisions or your state or country of residence.

Furthermore, any such dispute will be brought solely in the U.S. District Court located in Cook County, Illinois or the Illinois State District Court in Cook County, Illinois, United States. You consent to the jurisdiction of and venue in such courts and waive any objection that it is an inconvenient forum.

Termination

You agree that Notationary may, with or without cause, and without prior notice, immediately terminate, suspend, disable or delete your Notationary account, any associated email address, and access to the Service. Notationary may terminate with or without cause at any time and effective immediately, at Notationary’s sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Compliance with this Agreement or the Other Policies does not constitute a promise or guarantee of future access to Notationary or to the Service. Cause for such termination may include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. If terminated for actions causing actual, compensable harms to Notationary (for example, participating in a data breach of Notationary), Notationary shall enjoy all rights and remedies against you, including seeking its remedies through the courts of the State of Illinois or otherwise.

Termination of your Notationary account may include us taking the following measures: (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) barring of further use of the Service. Further, you agree that all terminations shall be made in Notationary’s sole discretion and that Notationary shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. There is no right to appeal the termination of a Notationary account unless Notationary, in its sole discretion, determines to provide such an appeal. If you are subject to the GDPR or if you are a domiciliary of the State of California, termination of your Notationary account does not terminate your right to receive a copy of, or request the deletion of, any personal data that we hold or process for you.

Account Limitations

Notationary may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, the maximum disk space that will be allotted on Notationary's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Notationary has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Notationary reserves the right to log off accounts that are inactive for an extended period of time.

Furthermore, Notationary also may establish general practices and limits concerning the use of your account, including without limitation: monitoring your game data and behavior and, upon finding your behavior suspicious, restricting your game play. For clarity, Notationary has complete discretion with respect to your account and related communications when finding your behavior suspicious in any respect.

Notationary reserves the right to modify these general practices and limits from time to time without notice to you.

Member Conduct

You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

threaten violence against anyone else or advocate harming yourself;

"stalk" or otherwise harass another;

impersonate any person or entity, including, but not limited to, a Notationary representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

access or use the Service in any manner that could disable, overburden, damage, interfere with or disrupt the Service or servers or networks connected to the Service or any other party’s access to or use of the Service;

disobey any requirements, procedures, policies or regulations of networks connected to the Service;

use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Service;

access, tamper with, or use non-public areas of the Service, Notationary's computer systems, or the technical delivery systems of Notationary’s providers;

probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above and/or

access or use the Services in any way not expressly permitted by this Agreement.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Notationary username), use of the Service, or access to the Service. You agree that your Notationary account is non-transferable.

Compliance with the above rules and regulations does not constitute a guarantee of continued access to the Service or use of Notationary. Notationary reserves the right to limit or terminate your access to Notationary and/or the Service at any time.

Content

You understand that all information data, ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Notationary, are entirely responsible for all Content that you upload or otherwise make available via the Service. Notationary does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Notationary be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that Notationary may or may not pre-screen Content, but that Notationary and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Notationary and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. Notationary may remove any Content on the Service for any reason and may suspend or terminate users or reclaim usernames at any time without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Notationary, its users, and the public.

Notationary does not and cannot monitor Content generated by other users. Notationary does not warrant the suitability of any user-generated content for any other users, including you.

You understand that the Service and software embedded within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Notationary and/or content providers who provide content to the Service. Such embedded software may include cookies. Please review our cookie policy for further information.

You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Notationary does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Notationary a worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive license, with right of sublicense, to use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform and publicly display any Content you submit or make available for inclusion on publicly accessible areas of the Service and to incorporate such Content into other works in any format or medium now known or later developed. Such license grant will continue after you delete your Notationary account or if we otherwise disable, suspend or terminate your Notationary account pursuant to this Agreement. For clarity, this license grant includes the right, with the right of sublicense, to publish, re-use, or monetize any Content, games, comments, usernames, or other UGA associated with your account (as defined below) and/or your Content (e.g. your Notationary account username, profile picture, and country). We may sublicense such rights to third parties; for example, we may sublicense this right to Connected Services (as defined below). By posting or otherwise making available Content through the Services (including your Notationary account profile picture), you represent that you have all rights, licenses, consents, permissions, power and authority necessary to grant the rights for such Content.

Recording, relaying, and sharing videos of the use of the Notationary interface (for example in videos for YouTube, on Twitch, etc) is allowed provided that the Notationary logo is shown in the interface. The recorded material is owned by the creator, though the interface, designs, and artwork remains the property of Notationary. We will continue to retain the right, however, to revoke your permission to use our property at any time at our own discretion.

Hyperlinks

We grant you a limited, nonexclusive, nontransferable right to create a text hyperlink to our Service, for lawful commercial and noncommercial purposes, provided that such link does not portray Notationary or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may use the logo or other proprietary graphics of Notationary to link to the Service or Content with our inferred permission. You also may use or frame or use framing techniques to enclose any Notationary trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service with our inferred consent.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Notationary shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. All third-party content, including advertised content, is solely the responsibility of those third-parties; Notationary does not warrant the suitability of any third-party content for any purpose, nor does Notationary warrant the accuracy or completeness of any third-party statements.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Notationary has no control over such sites and resources, you acknowledge and agree that Notationary is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. Notationary does not warrant the suitability of any third-party Content for any particular use or purpose. Notationary does not warrant the accuracy of any third-party advertisements. You further acknowledge and agree that Notationary 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 site or resource.

Proprietary Rights

All right, title, and interest in and to the Service, including applicable copyrights, trademarks, and any other proprietary rights, are and will remain the exclusive property of Notationary and its licensors, whether or not registered with any applicable trademark-granting authority. All trademarks, service marks, logos, trade names, and any other proprietary designations of Notationary used herein are trademarks or registered trademarks of Notationary. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. Notationary reserves all rights not expressly granted in this Agreement.

If any software, content or other materials owned or controlled by Notationary are distributed to you as part of your use of the Services, Notationary grants you a personal, non-transferable, non-sublicenseable and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services and the right to use the object code of its Software on a single computer, and the right to download a single copy of our mobile application onto your applicable device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Notationary for use in accessing the Service. This license is freely revocable by Notationary at any time.

Trademark Information

All Notationary trademarks and service marks and other Notationary logos and product and service names are trademarks of Notationary, LLC. Without Notationary's prior permission, you agree not to display or use these trademarks in any manner.

Feedback

Notationary welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Notationary, and Notationary may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Notationary any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

International Usage

This Service is provided by Notationary from its offices in the United States of America. Notationary makes no representation that the Service is appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, Notationary EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE Notationary WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NOTATIONARY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE USED TO ACCESS OR PROVIDE THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Notationary OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTATIONARY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF NOTATIONARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO NOTATIONARY, THE SERVICE OR ANY CONTENT APPEARING ON OR UPLOADED TO THE SERVICE.IF, FOR ANY REASON, A COURT FINDS NOTATIONARY LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NOTATIONARY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Modifications to the User AgreementWe may modify this Agreement at any time, and we will update the most current version at www.Notationary/legal. If we determine that we have made a material change, we will notify you by sending you an email to the email address you provided when registering for your account or by posting a notice through the Service. If you continue to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service.General InformationThis Agreement constitutes the entire agreement between you and Notationary and governs your use of the Service, superseding any prior agreements between you and Notationary with respect to the Service. This Agreement is the entire and exclusive agreement between Notationary and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Notationary and you regarding the Service (excluding any services for which you have a separate agreement with Notationary that is explicitly in addition or in place of this Agreement). If any provision of this Agreement is held invalid, the remainder of the Terms of Service shall continue in full force and effect. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you. Notationary may freely assign this Agreement, and you expressly agree that any intellectual property rights licensed to Notationary hereunder, including any rights to Content, are transferable to Notationary’s assignee without your consent. The failure of Notationary to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.