Welcome to Notebook Love. We’re delighted you’re here. Please follow our Terms.
- Accepting These Terms
- Those Other Documents We Mentioned
- Your Privacy
- Your Account with Notebook Love
- Your Content
- Your Use of Our Services
- Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
- Indemnification (or What Happens If You Get Us Sued)
- Disputes with Other Users
- Disputes with Notebook Love
- Changes to the Terms
- Some Finer Legal Points
- Contact Information
1. Accepting These Terms
The Terms are a legally binding contract between you and Notebook Love.
This contract sets out your rights and responsibilities when you use Notebook Love’s Services, so please read it carefully. By using our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Those Other Documents We Mentioned
Notebook Love connects notebooks sellers with millions of notebook buyers.. Here’s a handy guide to help you understand the specific Terms.
Our house rules are for all Sellers. If you use any of our Services, you agree to these Terms:
- Our Seller Policy. If have a shop and you list any items for sale through our Services, these policies apply to you. You can read them here.
- Our Return Policy. If the event customer would like to return an item, these policies apply to you. You can read them here.
- Our Fees and Payments Policy. This policy includes all the fees that sellers pay and how you pay them. You can read them here.
All of these policies are a part of our Terms, so be sure to read them. Of course, you’ll still want to read the rest of this document because it applies to everyone.
3. Customers Privacy
Both Notebook Love and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Notebook Love, will be responsible for that unauthorised disclosure.
If, however, Notebook Love and sellers are found to be joint data controllers of buyers’ personal information, and if Notebook Love is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer's personal information, you agree to indemnify Notebook Love for the expenses it occurs in connection with your processing of buyer's personal information.
4. Your Account with Notebook Love
You’ll need to create an account as a Seller with Notebook Love to use our Services. Here are a few rules about accounts with Notebook Love:
- Currently, your business must be registered and/or based in the U.K. to sell on Notebook Love. We will soon include sellers from other zones.
- You must be a business owner of 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through a business owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Notebook Love or the Services. You are responsible for any and all account activity conducted by a minor on your account.
- Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
Just to be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Notebook Love.
5. Your Content
Content that you post using our Services is your content (referred to as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames and so on).
- Responsibility for your Content. You are solely responsible for your Content and make sure that you have all necessary rights to your content, and that you’re not infringing or violating any third party’s rights by posting it.
- Notebook Love permission to use your Content. By posting your Content through our Services, you grant Notebook Love a license to use it. We don’t claim any ownership to your content, but we have your permission to use it to help Notebook Love function and grow. That way, we can help promote your brand and product without infringing any rights you have in your content. For example, you acknowledge and agree that Notebook Love may promote your brand, product and any offer related to your listing on notebooklove.com, on social media and any online and offline spaces.
- In a more legal language we would say - By posting your content, you grant Notebook Love a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to provide the Services and to promote Notebook Love, your Notebook Love shop, or the Services in general, in any formats and through any channels, including across any Notebook Love Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent your content contains any personal information. Consider these examples: if you upload a photo of a listing on your Notebook Love shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into Spanish so a buyer in Spain can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Notebook Love’s.
- Reporting unauthorised Content. Notebook Love has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please let us know. If your content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
- Inappropriate, false or misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Notebook Love’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
You have a license to use our services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:
- Do not use our Services to break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
- Pay your bills. You are responsible for paying all fees that you owe to Notebook Love. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
- Do not rob us. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API.
- Do not harm our systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Follow our Trademark Policy. The name "Notebook Love" and the otherNotebook Love marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Notebook Love.
- Share your ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Notebook Love (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Online communication. From time to time, Notebook Love will provide you with certain legal information in writing. By using our Services, you’re agreeing to receive these communication electronically (such as by email) instead of mailing you paper copies (it’s actually better for the environment), and that your electronic agreement is the same as your signature on paper.
- A termination by you. you may terminate your account with Notebook Love at any time by emailing email@example.com. Terminating your account will not affect the availability of some of your content that you posted through the Services prior to termination. Note that you’ll still have to pay any outstanding bills.
- A termination by Notebook Love. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Notebook Love may refuse service to anyone, at any time, for any reason. If you or Notebook Love terminate your account, you may lose any information associated with your account, including your content.
- Notebook Love may discontinue the Services. We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
8. Warranties and Limitation of Liability
Warranties. Notebook Love is dedicated to making our services the best they can be, but we are not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by course of performance, course of dealing , or usage of trade.
- Liability Limits. To the fullest extent permitted by law, neither Notebook Love, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall Notebook Love’s aggregate liability for any damages exceeding one hundred (£100) Pound Sterling. Some jurisdictions do not allow limitations on incidental or consequential damages so the above limitations may not apply to you.
We hope this never happens, but if Notebook Love gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Notebook Love (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Notebook Love’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
- Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites may contact us. Notebook Love will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Notebook Love has no obligation to resolve any disputes.
- Release of Notebook Love. You release Notebook Love from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Notebook Love
If you’re upset with us, please let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
- Governing Law. The Terms are governed by the laws of Scotland in the United Kingdom, without regard to its conflict of laws rules, and the laws of EU. These laws will apply no matter where in the world you live or your business is based.
- Arbitration. You and Notebook Love agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Scottich Arbitration Centre. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Notebook Love are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of arbitration. Payment for any and all reasonable arbitration filing, administrative, and arbitrator fees will be in accordance with the Arbitration Scotland act 2010 Rules.
- Forum. We’re based in Scotland, so any legal action against Notebook Love related to our Services must be filed and take place in Scotland. For all actions under the Arbitration Scotland act 2010 Rules, the proceedings may be filed where your residence is, or in Scotland, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances.
- Modifications. If we make any changes to this “Disputes with Notebook Love” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Notebook Love prior to the date the changes became effective. Notebook Love will notify you of substantive changes to the “Disputes with Notebook Love” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Notebook Love a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Notebook Love in accordance with the provisions of this “Disputes with Notebook Love” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
13. Some Finer Legal Points
14. Contact Information
Last updated on 5 Oct, 2019.