These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services through our application Bookly. The terms “Bookly,” “us” or “we” refers to the Bookly service, The term “you” refers to the user of the Product. The Product or Products refers to the Bookly app. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the the Products. By using the Bookly app you agree to these Terms.
Bookly reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.bookoutapp.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
2. MEMBERSHIPS AND SUBSCRIPTIONS
2.1 BECOMING A MEMBER
Using our Bookly app does not require providing any personal information (e-mail, name, etc.), because we do not collect any personal information, this means you are the one responsible for the persistence of the content you add to the app, we do not store the app related data you add anywhere outside the app except your own iCloud account which is private and accessible only by you. App related data refers mainly to book information you might add like( book name, book author name, book cover, additional book information and content)
Certain sections, features and functions of the Product are available only after a payment. You can gain access to these features by paying a monthly, yearly or every 6 month fee.
Bookly memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
(2.3.1) Bookly users may access the Products in 2 ways:
(1) Use the app for free with limited functionality and third party ad support
(2) Pay a one time fee, which gives access to all content and removes all ads. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
3. PROHIBITED USE OF THE PRODUCTS
3.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorised manner.
3.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
3.3 By breaching the provisions of this section 3, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
4. MATERIALS OFFERED THROUGH THE PRODUCTS
(1) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorised use of the Products.
(2) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. Bookly will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Bookly®, the Bookly logo and all other Bookly product or service marks are trademarks of Bookly. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Bookly will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. AVAILABILITY OF PRODUCTS
5.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
5.2 Your access to the Product may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Product as soon as we reasonably can.
6. USER CONTENT
6.1 The Product(Bookly app) lets you add content to it: for example, you may be able to upload a cover for a book, or post the book name and information. In these Terms, we use the term “User Content” to refer to any content you might add to the app. Any User Content added is stored locally on your device and can’t be accessed by us. We are not storing any information for backup or for later use, you are responsible for backing up and restoring the content added to the Product(Bookly) as you seem fit. Backing up your device on iCloud or locally using iTunes will backup all data in Bookly app allowing you to restore this data on a new device or on the same device. We do not own or have any right on any third party content you might add.
7.1 Bookly collects the advertising identifier (Apple’s IDFA) , and a unique identifier for each user in order to advertise to the non-subscription users. Bookly integrates third party SDKs that are used for advertising to our users and to analyse service usage, in order to improve it.