Terms of Service

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1. Scope of Application

The following General Terms and Conditions shall apply to all contracts concluded via the website www.notism.io between HarborNation UG, Eduardstra├če 46-48, 20257 Hamburg, Germany and the user. By making use of the services provided by HarborNation on www.notism.io the user agrees to the following General Terms and Conditions (GTCs). Any conditions the user may wish to impose which are at variance with these GTCs shall not form part of the contract. The same shall apply if HarborNation does not expressly contradict same.

The product-specific service descriptions and price lists, which can be viewed and downloaded from www.notism.io, shall apply in addition to these GTCs.

These GTCs are applicable as from 01.06.2012.

The user is required to check the GTCs from time to time for any updates or changes. HarborNation reserves the right to update and change the GTCs at any time without announcing such under separate cover. Any new functions which may be introduced are likewise subject to these GTCs. Should the user continue to make use of the service after any updates the extended contract for the changed GTCs shall come into being.

2. Formation of Contract

The contract regarding the use of the services provided by HarborNation, offered on www.notism.io, shall be formed once HarborNation confirms its acceptance of the offer of contract declared by the user or once the service is provided. To this end, the user shall submit a binding offer of contract by placing an order via the online shop at www.notism.io in which the user shall state the desired service on the electronic order form provided for this purpose and shall transmit same to HarborNation. The contract shall only be formed once the offer has been confirmed by e-mail, at the latest however on utilization of or provision of the service.

Confirmation of the receipt of an offer of contract shall not constitute acceptance of same. HarborNation is not obligated to accept the user's order. Acceptance or rejection thereof shall take place at the latest after 14 days.

Contracts shall only be formed with users who are at least 18 years of age.

3. Subject Matter of the Contract

On the www.notism.io website, HarborNation offers users web- / browser-based software and storage space for creating wireframes. For this purpose HarborNation furnishes its users with an account.

Utilization during the "Beta Phase" attracts no charges.

If a service is only offered for a limited time and/or only provided against payment of an additional fee this shall be stated on the price list or in a service description. HarborNation is not obligated to archive the uploaded content after termination of the contract. The available storage space has a usage volume of 1-10GB of data per account, depending on the type of account (fair use policy).

4. Use of www.notism.io and Responsibility of HarborNation

The user is only entitled to utilize the services provided by www.notism.io during the term of the contract. On expiry of the term of the contract, any data and/or files stored by the user on www.notism.io shall be deleted. The user shall be notified prior to the deletion of such data and shall have the opportunity of archiving the data him/herself.

HarborNation is entitled to change the structure and functioning of the www.notism.io website, in particular to upgrade in line with the latest technological developments on the market and optimize same.

The user is aware that the internet is based on a complex technical topology and technology. HarborNation has no control over the functioning of the internet, either in whole or in part. Fault-free functioning of the internet does not form part of this contract.

HarborNation warrants that the server on which the www.notism.io website is situated shall remain available for downloading content via the internet round the clock at least 97% of the time during the week. The entitlement to utilize the Notism website and its functions shall only exist in the context of the current technical possibilities. HarborNation cannot guarantee fault-free and uninterrupted use of the services offered by www.notism.io due to the possibility of technical problems; HarborNation also assumes no warranty in this respect.

The user acknowledges that the fault-free availability of and accessibility to www.notism.io may furthermore not be possible from all locations for compelling technical reasons and is subject to different environmental influences. In addition, there may from time to time be interferences, limitations or interruptions to the services on account of atmospheric conditions, geographical circumstances as well as interferences on account of radio waves, interruption of the electricity supply or due to technical changes or other measures (e.g. maintenance and repair work) which are required for the proper or improved provision of the services. The obligation of HarborNation to provide services is subject to the aforementioned limitations as these are beyond the control of HarborNation.

HarborNation shall assume no liability for temporary interruptions or limited availability if these are due to force majeur events, e.g. war, domestic unrest, strike action and lawful lockouts. The same shall apply to unforeseeable circumstances and circumstances beyond the control of HarborNation if these would temporarily make the provision of services by HarborNation unreasonably difficult or impossible such as, e.g., major operational disruptions, energy supply problems, labor disputes or measures taken by the authorities.

Downgrades can lead to the loss of content, functions or services of the account. HarborNation assumes no liability for such data losses.

The user accepts, when making use of the services provided by HarborNation for the transmission of content as well as during the processing, that content including client name, project name and account information will be transmitted unencrypted via the internet.

5. Terms and Conditions of the Account

The user must be 18 years of age or older in order to utilize the services provided by HarborNation. The user must provide his/her full first and last names, a valid e-mail address and other information to conclude the application process. No pseudonyms or artists' names may be used. The user must select a password on registration and is obligated to keep this password secret and to protect it from access by unauthorized third parties. The user is responsible for the maintenance of his/her private area and the security of his/her account. HarborNation assumes no responsibility for any damages or losses incurred by failing to protect login data sufficiently.

6. Service Changes

HarborNation reserves the right to change, suspend or discontinue entirely its range of services. There is no right to perpetuation. The user shall be informed thereof in due time at least one month in advance. The user shall then be able to utilize the unaltered HarborNation services for that current month of the contract and, at the end of the contract or on amendment of the contract, appropriately secure and archive his/her data in time.

HarborNation reserves the right to change the monthly fee after giving 30 days' notice. A new contract containing the amended conditions shall be formed if the contractual relationship is continued once that current contract month has expired.

7. Responsibility of the User for Content

The content of www.notism.io or its services may not be copied and/or reproduced and/or transmitted in a changed form by the user.

HarborNation claims no intellectual property rights for the content uploaded by the user.

The user is solely responsible for the content uploaded by him/her. For this reason, the user warrants that the content is either material that is free of all rights or that the user has the required rights (copyright, trademark, rights to a name and rights to distinguishing marks).

The user also guarantees that the content provided by him/her to the service does not violate statutory regulations, third party rights or public morality. In particular, content must not be threatening, abusive, racist, defamatory, disturbing, offensive, pornographic, nor may it glorify violence or be harmful to young people in any manner whatsoever. The service may not be used to transmit viruses, worms or damaging content.

8. Termination options

The user can cancel his/her account at any time.

The account and all its content shall be deleted on termination of the contract. Prior to the deletion of the account, the user shall have the option of archiving his/her account and its content.

Should the user violate any statutory or contractual obligations or restrictions by uploading the work or the associated disclosures, HarborNation shall - in the event of particularly serious violations which appear to make a continuation of the contract unreasonable - be entitled to immediately terminate the art portal services. In all other cases, HarborNation shall be entitled to issue a warning regarding the objectionable conduct and, if repeated, to extraordinary termination. For the rest, the right to ordinary termination is excluded. The right to extraordinary termination for just cause remains unaffected thereby.

9. Limitation of Liability of HarborNation

HarborNation has unlimited liability for any damages arising from injury to life, body or health incurred by negligent violation of obligations by HarborNation or intentional or negligent violation of an obligation by a statutory representative or vicarious agent of HarborNation. For any other liability claims, HarborNation shall only assume unlimited liability if a warranted characteristic is lacking, as well as for willful intent and gross negligence. HarborNation shall only assume liability in the event of slight negligence if an obligation is violated, compliance with which is of particular significance to the contractual purpose (cardinal obligation).

Liability for loss of data is limited to the typical restoration costs which would have been incurred by making regular backup copies commensurate with the risk unless one of the aforementioned liability requirements is present.

10. Final Provisions

Place of jurisdiction for all disputes in connection with contracts concluded on the basis of these GTCs, which shall also be the place of performance if the user is a commercial trader or legal entity in public law or is a special asset in public law, shall be agreed as being the registered offices of HarborNation.

German law shall apply under exclusion of international private law and the UN Convention on the International Sale of Goods subsumed under German law.



Privacy Statement

Information-Usage

We respects each individual's right to personal privacy. We will collect and use information only in the ways disclosed in this statement. This statement applies solely to information collected on the Notism website and application. We collect information from all registered users such as: email, name, company name and address. We never share your information with a third-part only in the following circumstances: With your explicit consent, where it is necessary to complete a transaction or where necessary by law. We may provide your personal information to companies that provide services to help us with our business activities such as hosting our blog and offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us. If necessary, we will share information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or, defend against legal claims and if in our judgment in such circumstances disclosure is required or appropriate. We may share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our various terms of use, or as otherwise required by law. If you share a project with other users, they are part of your friend network and can access your name and email.

Use of cookies

We do employ cookies. A cookie is a small text file that our web server places on a user's computer hard drive to be a unique identifier. Cookies enable us to track usage patterns and deliver customized content to users. We do not use cookies to spy on you or otherwise invade your privacy. They cannot invade your hard drive and steal information. You must enable cookies on your web browser to be able to use Notism correctly.

Intellectual property

Our Terms and Conditions recognizes your right to retain full intellectual property protection for the digital content you create, including ideas and whole wireframes. Your ideas are yours, you own them.

Newsletter and promotional emails

If you wish to subscribe to our newsletter(s) and/or promotional emails, we will use your name and email address to send the messages to you. Out of respect for your privacy, we provide you a way to unsubscribe in all messages.

Promotional content

HarborNation reserves the right to display company logos of their customers, until further notice, for promotional purposes on (www.notism.io). If you want your logo removed please contact us at info[at]notism[.]io.

Links to other websites

The site contains links to other sites that are not owned or controlled by Notism. Please be aware that we are not responsible for the privacy policies of such other sites.

Types of information collected on this website

Information collected from all visitors: visitors to this website who have javascript enabled are tracked using Piwik. Piwik collects the following types of information from users: type of web browser, type of operating system, screen colors (color processing ability of the users screen), javascript support, flash version, screen resolution, network location and IP address (anomymised). This information can also include: country, city, state, region, county, or any other geographic data, hostname, bandwidth (internet connection speed), time of visit, pages visited, time spent on each page of the website, referring site statistics; the website (URI) the user came through in order to arrive at this website (example: clicking on a hyperlink from Yahoo.com that took the user to this website); search engine query used (example: typing in a phrase into a search engine like Google, and clicking on a link from that search engine).

This data is primarily used to optimize our website for our visitors, however we will use this data for marketing purposes. An example of how this data could be used for marketing purposes would be to tell potential advertisers how many visitors we get to the website, where our visitors come from, and how they arrive at our website.

This data DOES NOT include any personalized identification information such as: names, phone numbers, email addresses, mailing addresses, bank account numbers or credit card information.

Problem resolution

Any questions regarding the Privacy Policy should be addressed to info@notism.io. We are committed to resolving disputes within a reasonable time-frame.

Others

We reserve the right to change this Privacy Policy at any time without notice.