sentence
stringlengths 1
1.82k
| unfairness_level
stringclasses 3
values | __index_level_0__
int64 0
9.82k
|
|---|---|---|
Other than this limited license and other rights you grant in these Terms, Evernote acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. | clearly_fair | 674 |
What Is the License I Have to Grant to Evernote? | clearly_fair | 675 |
In order to enable Evernote to operate the Service, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations. | clearly_fair | 676 |
For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you give us these rights. | clearly_fair | 677 |
Accordingly, by using the Service and uploading Content, you are granting Evernote a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable Evernote to operate the Service. | clearly_fair | 678 |
You also agree that Evernote has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. | clearly_fair | 679 |
You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Evernote to make such Content available to, and pass these rights along to, others with whom Evernote has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Evernote determines such access is necessary to comply with its legal obligations. | clearly_fair | 680 |
If you elect to use any third party service or application that is integrated with Evernote, you also agree that the licenses granted to Evernote in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. | clearly_fair | 681 |
If the third party service or application you elect to use would access or extract Content, you grant Evernote the right and license to enable third party access to and extraction of your Content. | clearly_fair | 682 |
As we rely upon your rights to upload and distribute your Content, you represent and warrant to Evernote that (1) you have the unfettered legal rights and authority to submit your Content to Evernote, to make any other use, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to Evernote under these Terms; and (2) your Content complies with our User Guidelines and these Terms. | clearly_fair | 683 |
Finally, you understand and agree that Evernote, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. | clearly_fair | 684 |
What Other Assurances Do I Have to Grant to Evernote? | clearly_fair | 685 |
When you use the Evernote service to send messages to an email address, to a telephone number via SMS, or through a social media account (e.g., Facebook or LinkedIn) that has not been linked to an Evernote account, Evernote sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages). | clearly_fair | 686 |
Whenever you send any kind of message to a third party you represent and warrant to Evernote that you are acting within the law and that you have prior consent from the recipient to send them such a message. | clearly_fair | 687 |
Are There Rules about What I Can Do on the Evernote Service? | clearly_fair | 688 |
Yes. | clearly_unfair | 689 |
Your use of the Service must be in accordance with these Terms. | clearly_fair | 690 |
When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. | clearly_fair | 691 |
This means all Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. | clearly_fair | 692 |
This applies whether the Content is kept private, shared or transmitted using the Service or any third-party application or services integrated with the Evernote service. | clearly_unfair | 693 |
Our User Guidelines provide more specific details regarding prohibited conduct on the Service. | clearly_fair | 694 |
I’m Guessing Evernote Has Some Rights Relating to the Service? | clearly_fair | 695 |
We do. | clearly_unfair | 696 |
They’re described here: | clearly_unfair | 697 |
CONTENT RIGHTS. | clearly_fair | 698 |
While you own the Content you store within the Evernote service (subject to third party rights), you acknowledge and agree that Evernote (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all Evernote software deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable, Evernote Web Clipper, the Site Memory widget or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device (the “Evernote Software”). | clearly_fair | 699 |
INTELLECTUAL PROPERTY RIGHTS. | clearly_fair | 700 |
In agreeing to these Terms, you also agree that the rights in the Service and Evernote Software, including all intellectual property rights, such as 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. | clearly_fair | 701 |
In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Evernote Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition. | clearly_fair | 702 |
RIGHT TO MODIFY THE SERVICE. | clearly_fair | 703 |
We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. | clearly_fair | 704 |
For example, if you use Evernote Basic, you will not enjoy all of the benefits provided to subscribers of Evernote Plus, Evernote Premium or Evernote Business. | clearly_fair | 705 |
However, if you are a subscriber for Evernote Plus, Evernote Premium, Evernote Business or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. | clearly_fair | 706 |
Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law. | clearly_fair | 707 |
RIGHT TO ENGAGE THIRD PARTIES. | clearly_fair | 708 |
Evernote engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. | clearly_fair | 709 |
In addition, Evernote may contract with third party resellers of the Evernote Plus, Premium or Business versions of the Service and payment processors to enable payments in your local currency and payment systems. | clearly_fair | 710 |
Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content and our Commercial Terms to understand our relationship with any reseller or payment processor. | clearly_fair | 711 |
RIGHT TO USE THIRD-PARTY SOFTWARE. | clearly_fair | 712 |
Evernote may from time to time include as part of the Service and Evernote Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. | clearly_fair | 713 |
We provide information about some of this third party software here and within the particular Evernote Software. | clearly_unfair | 714 |
Evernote expressly disclaims any warranty or other assurance to you regarding such third party software. | clearly_fair | 715 |
RIGHT TO UPDATE OUR SOFTWARE. | clearly_fair | 716 |
In connection with any modification of the Service, Evernote may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. | clearly_fair | 717 |
Evernote will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Evernote may require you to install the update to continue accessing the Service. | clearly_fair | 718 |
In all cases, you agree to permit Evernote to deliver these updates to you (and you to receive them) as part of your use of the Service. | clearly_fair | 719 |
Do These Terms Apply to Evernote Business Users? | clearly_fair | 720 |
If you are using the Service as part of an Evernote Business account, your use of the Service is governed by these Terms, except to the extent the Separate Agreement governing the Evernote Business account provides conflicting terms. | clearly_fair | 721 |
The Customer who has contracted with Evernote and the Administrator of the Evernote Business account (as “Customer” and “Administrator” are defined in the applicable Evernote Business Agreement) have the responsibility to and agree to share the terms of such Separate Agreement with each individual whose user account is linked to that Evernote Business account (“End User”). | clearly_fair | 722 |
If you are an End User of an Evernote Business account, please note that the Customer of your Evernote Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account. | clearly_fair | 723 |
You can find more information on how your personal Evernote service account works with your Evernote Business account in our Privacy Policy and in this Help and Learning article. | clearly_fair | 724 |
How Does Evernote Respond to Copyright or Other Intellectual Property Violations? | clearly_fair | 725 |
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). | clearly_fair | 726 |
If you believe that your intellectual property rights have been violated, please notify our Compliance team according to the instructions provided by our IP Rights Compliance Program and we will investigate. | clearly_fair | 727 |
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 Evernote does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf. | clearly_fair | 728 |
Can Kids Use Evernote? | clearly_fair | 729 |
Evernote is not directed to minors, and any use by minors should only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. | potentially_unfair | 730 |
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. | clearly_fair | 731 |
Consistent with applicable law, Evernote does not knowingly collect personal information from minors without parental consent. | potentially_unfair | 732 |
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. | clearly_fair | 733 |
Where Does My Data Go? | clearly_fair | 734 |
The Service is available worldwide, but your data is stored in the United States, as described in our Privacy Policy. | clearly_fair | 735 |
If you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through computer networks owned by Evernote, its Service Providers, and other third parties located in California and other locations in the United States and other countries. | clearly_fair | 736 |
As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions. | clearly_fair | 737 |
How is My Account Closed? | clearly_fair | 738 |
You may deactivate your account with our Service at any time, for any reason (or no reason). | clearly_fair | 739 |
However, if you want to deactivate your account you need to take certain specific steps, which are described in our Help & Learning article entitled “How do I deactivate my account?”. | clearly_fair | 740 |
If you subscribe to a Paid Service, you will need to cancel your subscription pursuant to our Commercial Terms. | clearly_fair | 741 |
In most cases, in the event we elect to close your account, we will provide at least 30 days advance 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). | clearly_fair | 742 |
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. | clearly_fair | 743 |
What Happens to My Account when I Die? | clearly_fair | 744 |
Evernote’s pledge to protect the privacy of your Content will continue, even after your death or incapacity. | clearly_unfair | 745 |
If you wish to enable someone to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them. | clearly_fair | 746 |
We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. | potentially_unfair | 747 |
We encourage you to include your Basic Subscriber information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. | clearly_fair | 748 |
Please see our Commercial Terms for information on terminating payment for Paid Services upon death or incapacity. | clearly_fair | 749 |
If I Have a Great Idea to Share with Evernote, What Are My Rights? | clearly_fair | 750 |
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Evernote through the “Contact Us,” User Forum or Support interfaces 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) Evernote is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Evernote shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Evernote may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Evernote without any obligation of Evernote to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Evernote under any circumstances. | clearly_fair | 751 |
Does Evernote Serve Ads? | clearly_fair | 752 |
Our business model is to make the Service so valuable that our users will want to subscribe to a Paid Service. | clearly_fair | 753 |
However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. | clearly_fair | 754 |
For more information, please see our Privacy Policy and Cookie Information page. | clearly_fair | 755 |
Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers. | clearly_fair | 756 |
What Else Do I Need to Know? | clearly_fair | 757 |
THIRD-PARTY LINKS, CONTENT AND PROGRAMMING. | clearly_fair | 758 |
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. | clearly_fair | 759 |
INDEMNITY. | clearly_fair | 760 |
You agree to indemnify and hold Evernote, 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 and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). | clearly_fair | 761 |
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. | clearly_fair | 762 |
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. | clearly_fair | 763 |
To the maximum extent permitted by law, the Service Is Available “As Is.” | clearly_fair | 764 |
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: | clearly_unfair | 765 |
YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK. | clearly_fair | 766 |
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. | clearly_fair | 767 |
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNOTE 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. | potentially_unfair | 768 |
EVERNOTE 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. | clearly_fair | 769 |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERNOTE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. | clearly_fair | 770 |
EXCLUSIONS AND LIMITATIONS. | clearly_fair | 771 |
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. | potentially_unfair | 772 |
If Evernote Has to Send Me Notice of Something, How Will That Happen? | clearly_fair | 773 |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.