Terms and Conditions of the use of ScriptureNotes.com

Effective 12/1/18

Your use of this website and application are subject to these terms and conditions of use.

The Terms of Service constitute a contract between Scripture Notes and you. The Terms include the provisions set forth in this document and in the Scripture Notes Privacy Policy, and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in Scripture Notes (collectively, “Content”) and your personal information in accordance with such Privacy Policy.

Will These Terms of Service Ever Change?

These Terms may be amended periodically as new features, technology, or legal requirements arise. If anything significant changes, we will seek to contact users of this site with the update.

What Do I Have to do to Use Scripture Notes?

Create an account and access it through a web browser. We encourage you to use a unique password and not share it with others so that we can better safeguard your information.

Who Owns My Data?

You do. All your notes belong to you but you grant Scripture Notes a limited license so we can make your data accessible and usable on the Service.

Are There Rules about What I Can Do on the Service?

Yes, you must abide by the terms of the site, and be responsible for your conduct and conduct within your account (ie. what is stored and transmitted). You may not copy our content and post it elsewhere without our written permission. You agree that our intellectual property rights include trademarks, patents, designs, and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Scripture Notes software, unless you are expressly permitted to do so with express written permission.

Will the price ever change?

Scripture Notes reserves the right to continue to modify our service and create new offerings which may include or necessitate the modification of our pricing. We reserve the right to establish usage or storage limits as we deem necessary.

Right to Engage Third Parties

Scripture Notes engages third parties to provide technical services and you agree that involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any third party may have access to your personal information.

Right to Update our Software

While Scripture Notes desires to maintain 100% uptime on the service, from time to time we may need to perform maintenance which could periodically disrupt service. You agree it is our right to update and maintain our software. You further acknowledge that while this application is hosted on a world-class Amazon server, any periodic downtime from their service is beyond our control and you agree not to hold us liable for such periodic outages as may occur.

How Do We Respond to Copyright or Other Intellectual Property Violations?

We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright and other applicable laws). If you believe that your intellectual property rights have been violated, please contact support@scripturenotes.com and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Scripture Notes does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.

Can Kids Use Scripture Notes?

Scripture Notes is not directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents or guardians. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy.

Consistent with applicable law, Scripture Notes does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it.

Where Does My Data Go?

The Service is available worldwide, but your data is stored in the United States, as described in our Privacy Policy. If you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through computer networks operated by Scripture Notes or third parties (such as Amazon and other hosts), in various locations in the United States and other countries. As a result, your use of the Service will possibly result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

How is My Account Closed?

You may deactivate your account with our Service at any time, for any reason (or no reason). Simple go into your dashboard, click account settings, and click to cancel your membership.

If you wish to completely remove all traces of your account, just notify us by email that you wish to delete your account permanently. If you are a current subscriber your account will be closed and your data deleted.

Scripture Notes may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Scripture Notes suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in Scripture Notes’s sole discretion), (iii) your nonpayment of any fees or other sums due Scripture Notes or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive unsupported use.

In most cases, in the event we elect to close your account, we will provide at least 30 days notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.

What happens to my data if I stop paying for the service?

Users that sign up for an account and upload personal content to store notes stored on our servers will continue to have that content stored under these provisions:

1. They are paying for a membership.
2. They are logging in regularly using a free membership that is not in an expired status caused by extended failure to log in.

Failure to follow one of these paths may put your data at risk of deletion. At this present time we have not implemented a deletion policy for expired and inactive accounts. In the future we will consider doing this based on use cases we see on the site.

As noted above, you may request your account data be deleted at any time.

If I Have a Great Idea to Share with Scripture Notes, What Are My Rights?

When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Scripture Notes through the “Contact Us” form, Support Forum or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Scripture Notes is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Scripture Notes shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Scripture Notes may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Scripture Notes without any obligation of Scripture Notes to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Scripture Notes under any circumstances.

Does Scripture Notes Serve Ads?

Our business model is to make the Service so valuable that our users will want to subscribe to a paid service. However, at some point we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties.

What Else Do I Need to Know?

THIRD-PARTY LINKS, CONTENT AND PROGRAMMING.

We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we 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, materials or applications.

The Product offered by Living Tree Software, LLC is neither made, provided, approved, nor endorsed by, Intellectual Reserve, Inc. or The Church of Jesus Christ of Latter-day Saints. Any content or opinions expressed, implied, or included in or with the Product offered by Living Tree Software, LLC are solely those of Living Tree Software, LLC and not those of Intellectual Reserve, Inc. or The Church of Jesus Christ of Latter-day Saints.

INDEMNITY.

You agree to indemnify and hold Scripture Notes, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses (including content) and expenses (including legal and other professional fees) arising from or in any way related to your use of the Service, or any violation of these Terms of Service. In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.
2. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCRIPTURE NOTES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
3. SCRIPTURE NOTES DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCRIPTURE NOTES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCRIPTURE NOTES, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF SCRIPTURE NOTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR SCRIPTURE NOTES POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) SCRIPTURE NOTES’ ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS.

NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

If Scripture Notes Has to Send Me Notice of Something, How Will That Happen?

When you sign up for a paid or free Scripture Notes account, you explicitly agree to receive emails from us. You may unsubscribe at any time, but these emails will contain valuable tutorials and resources to enhance your scripture study, as well as announcements of new features and webinars we offer. Please keep your email account information current at all times in your Account Settings.

How Can I Send a Notice to Scripture Notes?

Please use our contact us page or support@scripturenotes.com.

What Law Applies to My Use of Scripture Notes?

All parties agree that any disputes will be resolved within Utah county in the state of Utah, through arbitration if negotiations fail to bring about a resolution.

What Do I Do If I Think I Have a Claim Against Scripture Notes?

Contact support@scripturenotes.com so we can work to rectify any potential problems you are having with the site.

If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. You agree that prior to initiating any formal proceedings against Scripture Notes, you will send us a notice to support@scripturenotes.com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. You agree that the maximum claim you may bring a dispute forward for is equal to six months worth of subscription payments.