Gemini Notes TERMS OF SERVICE (TOS)
Customers subscribing to Gemini Notes services agree to the below ToS.
A.) Terms of Service for Gemini Notes
In this document "Gemini Notes", "We", "Our" & "Us" includes Gemini Notes as an application and services of Planet Computers Limited, UK and its affiliated companies.
Gemini Notes is a note taking application and an optional data storage sync adapter with an optional cloud service provided by Planet Computers.
The services offered by Gemini Notes include note taking, sending, sharing and editing (the "Gemini Notes Services"), the Gemini Notes software applications and any other features, content, or applications that may be offered by Gemini Notes.
By using the Gemini Notes Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Gemini Notes Services or information pages on any of our partner portals) or you are a "User" (which means that you have registered your device with Gemini Notes).
Planet Computers may modify this Agreement at any time and such modification shall be effective upon posting by Planet Computers on the Gemini Notes Websites. Planet Computers will inform Users by any means directly or through our partners about such modifications. You agree to be bound to any changes to this Agreement when you use the Gemini Notes Services after the modification has been posted.
1. Use Of The Gemini Notes Services
By using the Gemini Notes Services, you agree to all Planet Computers Terms and Conditions that can be found at the following link www.planetcom.co.uk/agenda_terms.html
you also represent and warrant that:
i. all registration information you submit is truthful and accurate;
ii. you will maintain the accuracy of such information;
iii. your use of the Gemini Notes Services does not violate any applicable law or regulation;
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or password of another Member at any time or to disclose your password to any third party. You agree to notify Planet Computers immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
You will not use the Gemini Notes services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
Without limiting the foregoing, you will not use the Gemini Notes services for any of the following activities:
i. criminal activity, including pornography, fraud, trafficking, gambling, harassment, stalking, spamming, distribution of harmful files, copyright infringement, patent infringement or theft of trade secrets;
ii. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Gemini Notes Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
iii. interfering with, disrupting, or creating an undue burden on the Gemini Notes Services or the networks or services connected to the Gemini Notes Services;
iv. attempting to impersonate another Member or person;
v. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
vi. selling or otherwise transferring your Membership;
vii. using the Gemini Notes Services in a manner inconsistent with any and all applicable laws and regulations;
Gemini Notes does not claim any responsibility for, or ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload to the Gemini Notes Services.
You represent and warrant that your uploading any Content to the Gemini Notes Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content uploaded by you to the Gemini Notes Services.
By using the facilities of the Gemini Notes Services to make Content available to other Users ("Shared Content") you represent and warrant that you own the Shared Content or otherwise have the right to grant the license set forth in this section;
Gemini Notes assumes no responsibility for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the Gemini Notes Services.
You are solely responsible for the Content that you upload to the Gemini Notes Services, and any material or information that you transmit to other Members and for your interactions with other Users. Gemini Notes does not endorse and has no control over the Content. Content is not reviewed by Gemini Notes and does not necessarily reflect the opinions or policies of Gemini Notes. Gemini Notes makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Gemini Notes assumes no responsibility for monitoring the Gemini Notes Services for inappropriate Content or conduct. If at any time Gemini Notes chooses, in its sole discretion, to monitor the Gemini Notes Services, Gemini Notes nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User uploading any such Content.
The Gemini Notes Services contain Content of Gemini Notes ("Gemini Notes Content"). Gemini Notes Content is protected by copyright, trade secret and other laws, and Gemini Notes owns and retains all rights in the Gemini Notes Content and the Gemini Notes Services.
3. Copyright Policy
You may not share, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Gemini Notes to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Gemini Notes by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Gemini Notes Services in a way that constitutes copyright infringement, please provide Us with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Gemini Notes Services;
4. your address, telephone number, and email address;
5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
All charges payable by you for the Gemini Notes Services shall be in accordance with the scale of charges and rates published by Planet Computers.
5. Gemini Notes Usage-based Purchase.
Any content or feature sold on one time purchased, are charged and non- refundable. In case of dispute, the customer is invited to engage a claim procedure via the Planet Computers Customer Care Centre by writing to firstname.lastname@example.org.
Specific promotion terms and condition may apply, details can be found at www.planetcom.co.uk
7. Term and Termination
This Agreement shall remain in full force and effect while you use the Gemini Notes Services or are a Member. Even after Membership is terminated, this Agreement will remain in effect.
7.1. You may terminate your Membership at any time, for any reason.
7.2. Gemini Notes may suspend the provision of Gemini Notes Services to you and/or terminate your Membership without notice to you if you:
a. Fail to pay any sums due to Us as they fall due.
b. Breach any term of this Agreement.
Personal and private information entered into Gemini Notes is currently saved to your designated Android accounts and services that you have specified in your Android configuration. You can decide to sync your data with your calendar providers or not in the settings tab.
You shall indemnify Planet Computers and hold Planet Computers harmless from and against any breach by you of this Agreement and any claim brought against Planet Computers by a third party resulting from the provision of the Gemini Notes Services by Planet Computers to you and your use of the Gemini Notes Services including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including legal costs and expenses), howsoever suffered or incurred by Planet Computers in consequences of your breach or non-observance of any of the terms of this Agreement including if any Content that you post on the Gemini Notes Websites or through the Gemini Notes Services causes Gemini Notes to be liable to another.
10. Limitation of Liability
Planet Computers will not be responsible for any incorrect or inaccurate Content uploaded to the Gemini Notes Websites or in connection with the Gemini Notes Services, whether caused by Users of the Gemini Notes Services or by any of the equipment or programming associated with or utilized in the Gemini Notes Services.
Gemini Notes is not responsible for any problems or technical malfunction software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Gemini Notes Services or combination thereof.
Gemini Notes is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any Content you upload to the Gemini Notes Services.
The Gemini Notes Services may contain links to other websites. Gemini Notes is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Gemini Notes. Inclusion of any linked website on the Gemini Notes Services does not imply approval or endorsement of the linked website by Gemini Notes. When you access these third-party sites, you do so at your own risk. Gemini Notes takes no responsibility for third party advertisements which are posted on this Gemini Notes Website or through the Gemini Notes Services, nor does it take any responsibility for the goods or services provided by its advertisers.
In any event no claim shall be brought unless you have notified Planet Computers of the claim within one month of it arising.
In no event shall Planet Computers be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
This Agreement shall be governed by and construed in accordance with the law of England and Wales.