SERVICE DESCRIPTIONThe SomNote service consists of services made available by SomCloud, which you may use for note taking, organizing, searching, synchronizing, sharing and transmitting any number of typed notes or imaged notes or attached files on iPhone, Android and online web service.
USE OF SERVICESubject to the terms and conditions within, these Terms of Service, SomCloud grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of the United States. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username, password and/or an email address to access or use the Service, or to enable another to access, use and modify your notebooks (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify SomCloud of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
DEFINITIONSThe "Application" shall mean the software provided by SomCloud to offer services related to SomCloud, SomCloud services to be used on Apple iOS, Android OS devices and to access www.somcloud.com online web and any upgrades from time to time and any other software or documentation which enables the use of the Application.
PROPRIETARY RIGHTS AND LICENCEAll trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by SomCloud or by SomCloud’s licensors.
CONDITIONS OF USE1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
2. The Application is currently made available to you free of charge for your personal, non-commercial use. SomCloud reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these app terms, at any time and for any reason.
3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
AVAILABILITY1. This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. SomCloud will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside SomCloud’s reasonable control.
2. SomCloud does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
3. SomCloud will not be responsible for any support or maintenance for the Application.
SYSTEM REQUIREMENTS1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
2. The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English, Korean
3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
TERMINATION1. SomCloud may terminate use of the Application at any time by giving notice of termination to you.
2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software;
LIMITATION OF LIABILITY1. In no event will SomCloud be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
2. SomCloud is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
DISCLAIMER OF WARRANTIESTo the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, SomCloud hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.