Last modified: March 8, 2012
Welcome to AceNote!
By using our Services, you are agreeing to the following terms.
(If you are under 18 years of age you agree to have your parents sign you up for an account).
You may use our Services only for lawful purposes. We may suspend our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not AceNote’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights please notify us.
Some of our Services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload or otherwise submit content to our Services, you give AceNote (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, an article you submit). Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
AceNote gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by AceNote as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by AceNote, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
You agree not to solicit AceNote users without their permission.
You are responsible for your computer and internet connections. You understand the risk of loss of connectivity during a video lesson due to another user’s connection issues.
You agree not to distribute or share materials or lessons from a teacher without their permission. You agree not to sell or distribute screen or audio recording that you do of a lesson without that teacher’s permission. You agree not to post to FaceBook, YouTube, MySpace, Twitter, blogs or any website any materials from or references to a teacher without their permission. You agree not to compromise the reputation, intellectual property or brand of any teacher on AceNote.
You understand AceNote is not responsible for the behavior of any of its students or teachers.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. AceNote may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ACENOTE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
WHEN PERMITTED BY LAW, ACENOTE, AND ACENOTE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ACENOTE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, ACENOTE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify AceNote and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between AceNote and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and AceNote consent to personal jurisdiction in those courts.
For information about how to contact AceNote, please visit our contact page.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
You may not use the PayPal service for activities that:
violate any law, statute, ordinance or regulation.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) ,certain weapons or knives regulated under applicable law.
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities.
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Teachers may refund payments at their discretion. This can be done by notifying Acenote Support, providing the student’s Acenote ID the payment ID, and the reason for the refund, and the amount. This must be done within 45 days of the initial payment. Acenote staff will initiate the refund by going online to the Paypal site, locating the transaction using the Acenote ID’s and transaction ID provided, and will issue the reversal request. Fees reversed proportional to the refund. Acenote staff will then update the internal Acenote account between the student and teacher, and update the balance to reflect the reversal. Refunds after 45 days must be done outside of Acenote, with the teacher sending a payment to the student by check or by a new PayPal payment.
Students may request a refund by contacting the teacher directly. If the teacher agrees, they simply follow the process above.
If the teacher does not respond, or if there is a dispute, the student may open a Dispute by notifying Acenote Support. Acenote will follow the PayPal dispute process.
- Open the dispute
- Negotiate to resolve the dispute
- Close the dispute or escalate to a claim
- Acenote will investigate and resolve the claim
By agreeing to the Acenote End User License Agreement, the student and teacher agree to follow the Acenote process, and abide by the resolution.
In the event that Acenote determines to refund a payment, Acenote will perform the refund on the PayPal site, refunding the amount determined. In the event that more than 45 days have elapsed, automatic reversal or refund may not be available on the PayPal site. In this case, the teacher must refund the payment using a new Paypal payment, or by writing a check.
Acenote will keep track of disputes and resolutions, for each teacher and student.