These Terms of Service (the “Terms”) govern your use of the applications (each a “Licensed Application”) and related service, if applicable (each a “Service”) provided by Rednote, LLC (“Rednote”) (each Licensed Application downloaded by you with its corresponding Service is referred to collectively as an “App”)..
Apps are Not for Children under 13
Apps and Rednote’s websites are not intended for children under the age of 13, so children under the age of 13 should not use them at any time. If you are between the ages of 13 and 17, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand it. You and your parent or guardian represent that each has reviewed and agreed to these Terms. Rednote does not knowingly collect any information from children under the age of 13. In the event that Rednote learns that it has inadvertently gathered personal information from children under the age of 13, Rednote will take reasonable measures to promptly delete such information.
Subject to the provisions of these Terms, Rednote grants to you a royalty-free, non-exclusive, non-transferable license to use the App for your personal use and only on the device on to which it is downloaded. You agree that you shall not make or permit the making of any modifications, additions or enhancements to the App, or cause or permit the disassembly, decompilation or reverse engineering of the App except and only to the extent allowed by applicable law. You hereby grant Rednote a perpetual, irrevocable, worldwide license to copy, cache, transmit, distribute, perform, display, publish, import and export the content and postings you make through the App and to sublicense the foregoing rights to Rednote’s service providers, with such rights to survive expiration or termination of these Terms.
Rednote and its providers retain all right, title and interest, including all intellectual property rights embodied in the App.
Use of certain Apps may require that you create an account (the “Account”). When setting up an Account, you are prompted for registration information, the content of which may vary depending on your version of the App, which may include your country of residence, name, photo, age, email address, username, account password, mobile phone number and other information about you or your device. Accounts are for your personal use and may not be transferred or assigned by you to a third party. You are solely responsible for use of your Account with the App.
Contacts, Content and Third Party Services
Certain versions of a Licensed Application may allow for importing of contacts, content and information from your device and from third party services. You hereby consent, and represent that you have the right to allow Rednote, to: (i) import and store contacts and content from your device and from third party services through mechanisms enabled by the Licensed Application, including storage of such information on servers used to provide the Service; (ii) identify you by the name, photo, email address and/or phone number provided during registration to third parties with whom you communicate using the App; (iii) identify your association with imported contacts to other users of the App; and (iv) to associate contact information on your device with contact and/or profile information imported from third party services as enabled by you through the App. You acknowledge and agree that you may be identified as an App user to other users of the App and consent to allow Rednote to identify you as an App user to other App users.
Prior to Account creation, and depending on the App, Rednote may collect through the Licensed Application device identifiers but no other personally identifiable information. Such information is used for the sole purpose of providing support for the internal operations of Rednote. During and after Account creation Rednote collects data about your use of the App and data that you provide when using the App. The App collects Personal Data, Login Information, Your Data and Anonymous Data (defined in the following paragraph). “Personal Data” is data that identifies you personally that includes: name and email address, and may include your personal photo and/or phone number. Personal Data is used only to identify you with your account in order to provide the Service. You may have Rednote remove your Personal Data from its systems by terminating your account as provided below. Depending upon your App, the Licensed Application may also collect third party service login information (“Login Information”) or enable communication features through third party services or native applications you utilize with the App (each a “Third Party Service”). Login Information is tokenized and remains on the Licensed Application and is not passed to or stored on Rednote’s servers. Tokenized Login Information enables association of your App usage with your third party service. Login Information is used only to enable your use of the App and you hereby consent to Rednote’s use of such Login Information to enable your use of the App. “Your Data” is the content you provide through the App, whether text, photos, audio recordings or other material posted by you through the App. You represent that you have the right to grant to Rednote the rights to use Personal Information, Login Information, and Your Data to enable your use of the App and as provided in these Terms and that you are solely responsible for use of an access to the Third Party Services. You acknowledge and agree that you may be identified as an App user to other users of the App and consent to allow Rednote to identify you as an App user to other App users, using Personal Information you’ve provided to Rednote.
“Anonymous Data” means data gathered through the App which does not include Personal Information, Login Information or Your Data, which may include, depending on your version of the App, your followers, those who follow you, friends you’ve identified, song clips played, items searched including lyrics, artists, and songs, playlists, favorites, comments, likes, items shared, images you select and use with the App, time you spend in the App, the number of times you use the App, the number, type, date and time of items you generate through the App, the number of listeners of your posts, the posts you listen to, location data, device type and operating system, carrier identity, and device identifiers such as IDFA and Google Ad ID. Anonymous Data may be used by Rednote and shared with third parties to provide, improve, monitor, and update App and other current and future Rednote applications and may be used to provide advertisements to you within the App if enabled by the App. Advertising may be targeted based on Anonymous Data and other information Rednote or its service providers may have about you. Advertising service providers may also use Anonymous Data to target advertisements to you through third party applications and websites. By using Apps, you are providing your consent for use of Anonymous Data by Rednote and its service providers as described in this document and you hereby authorize and grant to Rednote a license to use, copy, and transmit Anonymous Data for any purpose and to sublicense, sell, lease and/or transfer the foregoing rights to any third party, subject to limitations of applicable law. You may be able to opt out of receiving targeted advertisements from third parties. For example, in some iOS devices (with iOS 6 or later), the advertising identifier may be disabled at your discretion. Further, some advertising service providers enable you to opt out of targeted advertising through mechanisms available to you through advertisements or on their websites. Rednote does not provide separate opt out mechanisms. You are solely responsible for exercising any opt out mechanisms made available by third parties.
Requirements & Limitations
A data connection is required to use the App and, depending on the App, the App may utilize Third Party Services as designated by you. You are solely responsible for any fees and costs associated with that data connection or with Third Party Services you use with the App, such as wireless data and messaging charges, and for compliance with Third Party Services terms and conditions. You acknowledge and agree that certain features may be limited, suspended, blocked or restricted by geography, duration or other criteria at any time and without liability to you. You acknowledge and agree that: (i) you will use the App only for yourself, with your true identity, and for lawful purposes and in compliance with applicable law; and (ii) you will not engage in any activity that interferes with or disrupts the App. You agree that you will not create or transmit any content or communications using the App that are obscene, abusive, harassing, threatening, racist, malicious, fraudulent, defamatory, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as determined by Rednote in its sole discretion, as determined by Rednote in its sole discretion, and with respect to content not provided by Rednote, you represent that you have all necessary rights to use and transmit such content through the App. You acknowledge and agree that Rednote does not screen content provided by third parties through an App, and that Rednote shall not have any liability to you for any content, including but not limited to pictures, videos, audio, text and graphics, made available through the App.
Acknowledgements and Consents
YOU ACKNOWLEDGE AND AGREE THAT: (I) REDNOTE AND ITS SERVICE PROVIDERS MAY REPORT AND PROVIDE TO GOVERNMENTAL AUTHORITIES ANY CONTENT AND COMMUNICATION INFORMATION TRANSMITTED THROUGH THE APP WHICH MAY BE SUBJECT TO REPORTING REQUIREMENTS UNDER 18 U.S.C. §2258A OR SIMILAR LAW; AND (II) WHILE THE APP MAY ENABLE YOU TO SEARCH FOR AND REVIEW CONTENT ON YOUR DEVICE, SUCH AS PHOTOS IN YOUR CAMERA ROLL, AND ON THE INTERNET, YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE APP TO COPY, MODIFY AND/OR TRANSMIT ANY CONTENT UNLESS YOU HAVE ALL RIGHTS, LICENSES AND CONSENTS NECESSARY TO DO SO. IN ADDITION TO THE CONSENTS PROVIDED BY YOU ELSEWHERE IN THESE TERMS, YOU AGREE AND CONSENT TO THE FOLLOWING: (I) REDNOTE MAY SEND ADMINISTRATION MESSAGES TO YOU AT THE EMAIL ADDRESS OR PHONE NUMBER PROVIDED BY YOU, AND THE APP MAY INCLUDE, SERVICE ANNOUNCEMENTS, ADVERTISING, AND ADMINISTRATIVE MESSAGES, AND YOU WILL NOT BE ABLE TO OPT OUT OF RECEIVING THEM EXCEPT IN THE EVENT YOU TERMINATE YOUR RIGHTS AS PROVIDED BELOW; (II) REDNOTE MAY TRANSFER YOUR PERSONAL DATA WITHIN AND WITHOUT THE EUROPEAN UNION, INCLUDING BUT NOT LIMITED TO THE U.S.A.; AND (III) REDNOTE MAY PROCESS AND STORE YOUR PERSONAL DATA IN ANY COUNTRY OF THE WORLD. YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS TO GRANT ALL CONSENTS HEREIN AND THAT REDNOTE’S EXERCISE OF THE LICENSES AND CONSENTS GRANTED BY YOU UNDER THESE TERMS WILL NOT VIOLATE APPLICABLE LAW OR INFRINGE OR VIOLATE THE RIGHTS OF ANY PARTY.
Term and Termination
These Terms are effective until terminated by you or Rednote. Rednote may terminate these Terms and/or disable use of the App at any time, for any reason, and without any liability to you. You may terminate these Terms at any time, for any reason, by contacting firstname.lastname@example.org and stating that you are terminating your use of App. Upon termination your account will be terminated and the licenses granted to you shall cease, your Personal Data will be deleted unless otherwise required by applicable law, and you shall promptly uninstall the App. The rights of Rednote which survive expiration or termination as provided in these Terms, the protections afforded to Rednote under the App Store Terms, and the sections in these Terms entitled “Applicability,” “Ownership,” “Data Collected,” “Acknowledgments and Consents,” “Term and Termination,” “No Warranties,” “Limitation of Liability,” “Indemnification and Waiver,” “Governing Law; Venue,” “Severability; No Waiver,” “Use of Electronic Communications,” “Entire Agreement” and “General” shall survive termination or expiration.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF APP AND SERVICE IS AT YOUR SOLE RISK AND THAT APP AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. REDNOTE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. REDNOTE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR. IF YOU ARE DISSATISFIED WITH THE APP OR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP AND SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REDNOTE OR A THIRD PARTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU AGREE THAT REDNOTE WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR THE ACTIONS OF THIRD PARTIES IN CONNECTION WITH THE APP OR THE SERVICE. IN NO EVENT WILL REDNOTE AND ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO USE OF THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REDNOTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS (U.S. $10.00). NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
Indemnification and Waiver
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD REDNOTE HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, FINES, PENALTIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS OF EXPERTS, RESULTING FROM (I) ANY VIOLATION OR BREACH OF THESE TERMS BY YOU, (II) ANY ACTIVITY RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), OR (III) THE AUTHORIZED USE AND PROCESSING OF DATA PROVIDED BY YOU OR OBTAINED FROM THIRD PARTY SERVICES AT YOUR DIRECTION OR WITH YOUR CONSENT.
Governing Law; Venue
These Terms shall be governed by the laws of the United States and the State of New York, without reference to conflict of laws principles. Any dispute between the parties regarding these Terms will be subject to the exclusive venue of the state and federal courts in the state of New York of the United States of America in Nassau County. The parties hereby consent to the exclusive jurisdiction and venue of such courts. If you download an App for use in the United States, (i) any dispute between you and Rednote, specifically excluding actions by Rednote to enforce and protect its rights in the App, shall be resolved through binding arbitration conducted through the American Arbitration Association in New York, New York; (ii) you and Rednote agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding; (iii) unless both you and Rednote agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (iv) you acknowledge and agree that you are waiving a right to litigate applicable disputes in court before a judge or jury. You agree that the Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods (1980) terms are hereby excluded in its entirety from application to these Terms.
Severability; No Waiver
If any provision is deemed invalid or unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect its intent, and the remaining provisions shall continue in full force and effect. The failure by either you or by Rednote to exercise or enforce any rights or provisions herein shall not constitute a waiver of such right or provision.
Use of Electronic Communications
You agree to the use of electronic communication to enter into agreements, contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Rednote.
The foregoing sets forth the entire understanding and complete and exclusive statement of the agreements between you and Rednote and supersedes any proposal or prior agreements or understandings between you and Rednote with respect thereto.
No rights granted to you may be assigned by you in whole or in part without the prior written approval of Rednote. Any assignment in violation of the foregoing shall be null and void. Rednote shall not be liable for any delay in the performance hereunder due to causes beyond its or their direct control, including but not limited to actions by third parties, an act of God, war or natural disaster. You have no third party beneficiaries. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.