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Terms and Conditions

The following document outlines the terms of use of the Tuskify website. Before using any of the Tuskify services, you are required to read, understand, and agree to these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

ACCEPTANCE OF TERMS

The web pages available at Tuskify.com and all linked pages (“Site”), are owned and operated by Tuskify LTD. (“Tuskify”) a United Kingdom company and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms and our Privacy policy.

IN SHORT

By using Tuskify you agree to all the terms below.

DESCRIPTION OF SERVICE

The Site is an online Software as a Service (“SaaS”) which enables users to automate processes on their Evernote account by accessing and purchasing services made available on the Site (“Services”). Services include, but are not limited to, any service and/or content Tuskify makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, images, illustrations, and software.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Tuskify. Tuskify reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Tuskify may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.

IN SHORT

We provide services to users to automate their Evernote workflows. Our services are constantly being developed and more features and services will be added in the future. At times things can go wrong and the service may be interrupted. Unlikely, but it could happen.

REGISTRATION

As a condition to using Services, you are required to open an account with Tuskify and select a password and email address, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Tuskify account.

You may not use an email address that does not belong to you or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Tuskify account.

Services are available only to individuals who are either (i) at least 18 years old, or (ii) have authorization to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

The Services are for use by individuals who make use of Evernote services. If you do not qualify for registration you are not permitted to open an account or use the Services.

IN SHORT

To fully use the services you must be 18 or over, or be at least 14 and have permission from a Parent or legal guardian. You need to create your own account using an email address that belongs to you.

USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Tuskify. By way of example, and not as a limitation, you agree not to use the Services:

  • To abuse, harass, threaten, impersonate or intimidate any person;
  • For any purpose that is not permitted under the laws of the jurisdiction where you use the Services;
  • To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Tuskify user;
  • To create or transmit unwanted ‘spam’ to any person or any URL
  • To sell or otherwise transfer your profile.
  • To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Tuskify at support@tuskify.com.

You are solely responsible for your interactions with other users of the Site. Tuskify reserves the right, but has no obligation, to monitor disputes between you and other users.

IN SHORT

You cannot use our site for unlawful or immoral purposes. Be reasonable and responsible.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Please read this section carefully before submitting any Content to the site. By submitting content to the site you are granting Tuskify a worldwide, non-exclusive license to use the content and are representing and warranting to Tuskify that the content is owned or duly licensed by you, and that Tuskify is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.

In consideration of Tuskify’ agreement to allow you to post Content to the Site and Tuskify' agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Tuskify as follows:

You acknowledge that:

  • By uploading Evernote details to Tuskify you retain full rights to those works that you had prior to uploading.
  • The license granted to Tuskify includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Tuskify by you;
  • Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

  • You are the owner of all rights, including all copyrights in and to all Content you submit to the site;
  • You have the full and complete right to enter into this agreement and to grant to Tuskify the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Tuskify of the Content as contemplated herein; and
  • The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
  • You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Tuskify, all of which such rights are hereby expressly and irrevocably waived by you in favor of Tuskify.
IN SHORT

Any content you add to Tuskify will preserve whatever copyright they had before using this site.

PREMIUM SERVICES

Tuskify provides paid-for services to holders by way of ‘Pro’ or ‘Business’ accounts. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply:

  • Tuskify may modify, suspend or discontinue Services provided to paid-for account holders at any time at its sole discretion and without prior notice.
  • Tuskify provides new account holders with a 7 day trial period. After this trial period you must subscribe to a paid account to continue using Tuskify services.
  • You may upgrade, downgrade or cancel your use of the Service at any time.
  • Tuskify do not offer refunds of monies paid for Premium services. Any credit resulting from downgrading will be pro-rated and applied to your future payment
IN SHORT

We offer free 7 day no-obligation trial to try all the features of Pro and Business accounts. You may upgrade, downgrade or cancel your account at any time. We do not offer any refunds.

FAIR USAGE POLICY

Tuskify maintains a fair-usage policy to ensure stable and fast service to all users.

COPYRIGHT COMPLAINTS

Tuskify respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Tuskify will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Tuskify of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of support@tuskify.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Tuskify to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Tuskify with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at support@tuskify.com. You must include in your counter notice sufficient information to enable Tuskify to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking legal advice.

IN SHORT

We respect copyright. If anything is wrong, please send an email with all the details to support@tuskify.com.

LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Tuskify has no control over such sites and resources, you acknowledge and agree that Tuskify 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.

You further acknowledge and agree that Tuskify 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.

IN SHORT

In using our service you may come across links to other sites, we are not responsible for those links.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Tuskify, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Tuskify, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Tuskify email address and password, or (v) any violation of any rights of a third party.

IN SHORT

We are not liable if something goes really wrong. Always have a backup of your data.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, you agree that Tuskify shall not be liable to you for any damages arising out of or connected to your use of, or inability to use, the site, the service or the site content, including, without limitation, any and all direct, indirect, incidental, consequential, punitive, special, exemplary or statutory damages (including, without limitation, loss of business, loss or profits, loss of revenue, loss of data, loss of goodwill or for any cost of cover or cost of procurement of substitute goods or services), even if Tuskify has been advised of the possibility of such damages, and regardless of the legal theory under which damages are sought, whether in breach of contract or in tort, including negligence.

IN SHORT

Again, we are not liable.

TRADEMARKS

Tuskify, Tuskify.com and other Tuskify graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Tuskify. Tuskify' trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tuskify. The images and icons available in the Tuskify icon pack may used by partners and third party sites in connection with providing appropriate links to the Tuskify Site.

IN SHORT

Please respect our trademarks and brands.

TERMINATION

Tuskify may terminate or suspend any and all Services and/or your Tuskify account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Tuskify account, you may simply discontinue using the Services. 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.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Tuskify will automatically remove all Content posted to your account.

IN SHORT

We may stop providing services at any time. You can stop using your account or close it at any time as well.

CHANGE

Tuskify reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Tuskify will notify you by posting an announcement on the site. What constitutes a material change will be determined at Tuskify' sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

IN SHORT

If these terms of use change, we will notify you.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Tuskify in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tuskify shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tuskify' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Tuskify may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of United Kingdom, as if made within United Kingdom between two residents thereof, and the parties submit to the exclusive jurisdiction of United Kingdom courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.