Terms of Service
Welcome to BROWZLY We're glad you want to use our services. Since we want to protect your
rights and those of any other user or third party who interacts with us, we created these Terms
of Service ("Terms"). By accessing or using BROWZLY applications, website, services,
software, and/or content made available by BROWZLY. ("BROWZLY", “BROWZLY
Service, "we", and "us"), you agree to these Terms. If you do not agree to these Terms,
kindly do not access or use BROWZLY.
1. You and Your Account
By registering on BROWZLY you affirm that you are (i) 18 years of age or the applicable
age of majority or older in your province, territory, or country, or (ii) an emancipated
minor. You also affirm that you are fully able and competent to enter into these Terms
and to abide by and comply with them.
We may provide you with a unique ID and ability to select a BROWZLY profile image or avatar
("Avatar") to represent your account within BROWZLY. If you register and subscribe, you
agree to: (a) provide accurate and current information as prompted by the registration form; (b)
maintain and update such information so that it is accurate and current at all times; (c) not share
your password or unique ID or let anyone else access your account other than in those
situations permitted under these Terms, or do anything else that might jeopardize the security of
your account; (d) not use a username with the intent to impersonate another person or in a
manner that infringes another person's rights; (e) not use a username that is obscene or vulgar;
and (f) immediately notify us of any unauthorized use of your password or any other breach of
security related to BROWZLY. WHEN YOU SHARE YOUR PASSWORD, OR ALLOW A THIRD
PARTY TO ACCESS YOUR BROWZLY ACCOUNT, YOU AGREE TO REMAIN
RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE
TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING
UNDER YOUR PASSWORD.
Your use of BROWZLY is subject to all applicable technical and non- technical specifications,
guidelines and policies which we may provide from time to time including but not limited to the
Privacy Policy located at [www.browzly.com] and on this app (hereinafter collectively referred
to as "the Policies") you agree and undertake to comply with the Policies. Right now, BROWZLY
is only intended for use by citizens and residents of the United Arab Emirates and anyone who
accesses or uses BROWZLY from outside of the United Arab Emirates does so at his/her own
risk and is responsible for compliance with applicable local laws.
2. Pay As You Go Users and Subscription Members
Although certain features and/or content of BROWZLY may be available at no charge to any
user, all users are automatically enrolled as those who pay as and when they require (each a
“Pay As You Go User”) and different features and/or content may only be available to such “Pay
As You Go usersand those who agree to pay for a subscription plan (each, a "Subscription
Member"). Each pay as you go plan or subscription plan may be described in more detail in
other areas of BROWZLY. Any payment terms displayed to you in the process of using Browzly
or becoming a “Pay As You Go User” or “Subscription Member are deemed part of these
Terms.
3. Our License to You
We grant you a personal, revocable, non-exclusive, non-transferable, non-sub licensable,
license to access and use BROWZLY solely for personal, non-commercial purposes as
permitted by these Terms and intended by us through the normal functionality of BROWZLY.
This license to you will automatically terminate if you violate these Terms. Except for the
foregoing limited license, no right, title or interest is transferred to you. We may allow you to
store encrypted, cached content on your tablet, smartphone or other compatible internet-
connected device. You will not transfer copies of cached content to any other device.
4. Your Conduct
We would like to keep BROWZLY as safe as possible for our users. We need your help to do this.
Accordingly, you agree not to use BROWZLY to: (i) violate any local, state, national, or
international law or regulation; (ii) transmit any material that is abusive, harassing, tortious,
defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's
privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes,
or any other form of solicitation; (iv) knowingly transmit any material that contains adware,
malware, spyware, software viruses, or any other computer code, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment; (v) breach or circumvent any security or authentication measures
(including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software
contained on BROWZLY; (vii) remove any copyright, trademark, or other proprietary notations
from any Content (as defined below) or User Submissions (as defined below) of other users; (viii)
stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise
misrepresent your affiliation with a person or entity; (x) interfere with or disrupt BROWZLY or
servers or networks connected to BROWZLY, or disobey any requirements, procedures, policies,
or regulations of networks connected to BROWZLY; or (xi) rent or lease your account. You also
agree not to use or launch any automated system, including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses BROWZLY in a manner that sends more request messages
to BROWZLY servers in a given period of time than a human can reasonably produce in the same
period by using a conventional web browser.
5. Ownership; Restrictions on Use
All right, title, and interest in and to BROWZLY site and services are and will remain the
exclusive property of BROWZLY and its licensors. The content on BROWZLY, including without
limitation text, software, graphics, photos, sounds, music, videos, User Submissions (as defined
below), interactive features and the like ("Content") and the "BROWZLY" word mark and design
mark, Browzly Bear Device, Swid device as well as certain other of the names, logos, and
materials displayed on or through BROWZLY that constitute trademarks, tradenames, service
marks or logos ("Marks") are owned by or licensed to BROWZLY and are subject to copyright,
trademark, and other intellectual property rights under UAE and international laws. You agree
not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes BROWZLY or any
portion of BROWZLY, including, without limitation, Content and Marks, except as authorized by
these Terms or as otherwise authorized in writing by Browzly authorized personnel. You also
agree to view Content (including but not limited to books and videos) as made available through
BROWZLY only in geographic locations where we offer BROWZLY services. BROWZLY is
provided for your personal, non-commercial use only. You must abide by all copyright notices,
information, or restrictions contained in or associated with any Content.
6. User Submissions
We provide functionality that may enable you to post, upload, submit or otherwise make
available text, images, competition entries or other content (User Submissions”) to BROWZLY.
Access to some functionality may be restricted to certain users as in the terms of service and
privacy policy defined by BROWZLY and as set by you in your privacy settings. Accordingly,
you understand that such User Submissions may be accessible by the public and we do not
guarantee any confidentiality for such User Submissions.
You retain all your ownership rights to your User Submissions. For all User Submissions, by
making those User Submissions available to BROWZLY, you grant us a worldwide, non-
exclusive, royalty-free, sub licensable and transferable license under all intellectual property
rights to use, reproduce, distribute, display, and perform such User Submissions, in whole or in
part, in connection with BROWZLY and our (and our successors’ and affiliates’) business,
including without limitation for promoting and redistributing part or all of BROWZLY (and
derivative works thereof) in any media formats and through any media channels now known or
hereafter, with or without attribution, and without further notice to you, in perpetuity. You also
grant each user of BROWZLY a non-exclusive license to view your User Submission through
BROWZLY, and to use, reproduce, distribute, display and perform such User Submission as
permitted through the normal functionality of BROWZLY Service and these Terms in perpetuity.
You may not submit User Submissions that are (i) defamatory, harassing, threatening, bigoted,
hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can
reasonably be expected to harm any person or entity, in each case whether or not such content
is protected by law, or (ii) otherwise contrary to applicable local, national, and international laws
and regulations.
You may not submit User Submissions that contain third party copyrighted material, or material
that is subject to other third party proprietary rights, unless you have permission from the rightful
owner of the material or you are otherwise legally authorized to submit such content and grant
us the licenses described above. You represent and warrant that you own or have the
necessary licenses, rights, consents, and permissions to publish the User Submissions and that
the User Submissions conform to the terms described in this Section 6. You also agree not to
enforce any moral rights, ancillary rights or similar rights in or to the User Submissions against
us or our licensees, distributors, agents, representatives and other authorized users, and agree
to procure the same agreement not to enforce from others who may possess such rights. You
understand and agree that you will be solely responsible for your User Submissions and the
consequences of submitting and making available such User Submissions to BROWZLY.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and
review User Submissions submitted to BROWZLY, at any time and for any reason, including to
confirm that the User Submissions are consistent with these terms, without prior notice to you.
We do not endorse or guarantee the opinions, recommendations, or advice contained in any
User Submission and we expressly disclaim any and all liability in connection with such content.
BROWZLY makes no representations whatsoever regarding the suitability of any items
exchanged through this Site
7. Content Availability
BROWZLY provides its users, access to books and other Content that has been uploaded by its
members and users to share and swap in their geographical vicinity and at that point in time.
The availability of these books and other Content may change from time to time, and from
geographic territory to territory, for a number of reasons (including software updates, change in
members and users, and the availability of the books). As a result, we do not guarantee that any
Content will be available or remain available on BROWZLY (including during any subscription
period for a Subscription Member).
Mobile Networks If you access BROWZLY through a mobile network, your network or roaming
provider’s messaging, data and other rates and fees will apply. Downloading, installing or using
certain BROWZLY features may be prohibited or restricted by your network provider and not all
BROWZLY features may work with your network provider or device.
8. Termination
Your right to use BROWZLY automatically terminates if you violate these Terms or any rules or
guidelines posted in connection with BROWZLY. We reserve the right, in our sole discretion, to
terminate your access to all or part of BROWZLY, for any reason, with or without notice.
9. Links or Third Party Applications/Devices
Links BROWZLY may contain links to third party websites or interact with third party
applications (including, without limitation, widgets, software, or other software utilities) that are
not owned or controlled by BROWZLY. Our provision of a link to any other website or third party
application is for your convenience only and does not signify our endorsement of such other
website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR
ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD
PARTY WEBSITE OR THIRD PARTY APPLICATION.
Devices. If you access BROWZLY using an Apple iOS or Android-powered device, then Apple
Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However,
these third-party beneficiaries are not a party to this contract and are not responsible for the
provision or support of BROWZLY. You agree that your access to BROWZLY using these
devices also shall be subject to the usage terms set forth in the applicable third-party
beneficiary’s terms of service.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF BROWZLY IS AT YOUR SOLE RISK. BROWZLY
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST
EXTENT PERMITTED BY LAW, BROWZLY AND ITS AFFILIATES EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO
BROWZLY (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-
INFRINGEMENT). We make no warranties or representations about the accuracy or
completeness of content available on or through BROWZLY or the content of any websites
linked to BROWZLY and assume no liability or responsibility for any: (i) errors, mistakes, or
inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to or use of BROWZLY or the Content on BROWZLY; (iii) any
unauthorized access to or use of our secure servers and/ or any and all personal information
and/or financial information stored therein; (iv) any interruption or cessation of transmission to or
from BROWZLY; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or
through BROWZLY by any third party; and/or (vi) for any loss or damage of any kind incurred as
a result of the use of any content posted, emailed, transmitted, or otherwise made available on
or through BROWZLY.
11. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO
EVENT WILL BROWZLY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS,
SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY
OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES,
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH
PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR
ACCOUNTS) USE OF BROWZLY.
12. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for incidental or consequential damages. Accordingly, some of the above limitations
and disclaimers may not apply to you. To the extent BROWZLY, may not, as a matter of
applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of
such warranty and the extent of our liability shall be the minimum permitted under such
applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless BROWZLY, its subsidiaries, affiliates,
officers, directors, employees, consultants and agents from and against any and all claims,
liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and
costs) that such parties may incur as a result of or arising from (a) any information (including,
without limitation, your User Submissions, feedback, or any other content) you (or anyone using
your account) submit, post, or transmit on or through BROWZLY; (b) your (or anyone using your
accounts) use of BROWZLY; (c) your (or anyone using your accounts) violation of these Terms;
or (d) your (or anyone using your accounts) violation of any rights of any other person or entity,
including, without limitation, any copyright, patent, trademark, trade secret, right of
publicity/privacy, or other proprietary rights of any person or entity. BROWZLY reserves the
right, at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with BROWZLY in asserting
any available defenses.
14. Disputes
These Terms shall be construed and enforced in accordance with the laws of the United Arab
Emirates without regard to any choice of law or conflict of laws principles, regardless of where
you live. You will resolve any claim, cause of action or dispute you have with us arising out of or
relating to these Terms or BROWZLY Service exclusively in a court located in Dubai, United
Arab Emirates. You agree to submit to the personal jurisdiction of the courts located in Dubai,
United Arab Emirates for the purpose of litigation all such claims or causes of action.
15. Communications
By using BROWZLY, you agree that any notice, agreements, disclosure or other
communications that we send to you electronically will satisfy any legal communications
requirement (including that such communications must be in writing).
16. Additional Terms for Apple iOS Applications
The following additional terms and conditions apply with respect to our applications designed for
use on an Apple iOS-powered mobile device obtained by you from the iTunes Store ("iOS
App"). You agree that these Terms are solely between you and us, not Apple, and that Apple
has no responsibility for our iOS App BROWZLY or any Content. You agree that your use of our
iOS App will be subject to the Usage Rules in Apple's then-current App Store Terms of Service.
The parties agree that Apple shall have no obligation to provide maintenance and support
services with respect to our iOS App. In the event of any failure of the iOS App to conform to
any applicable warranty, you may notify Apple. To the maximum extent permitted by law, Apple
will have no other warranty obligation with respect to our iOS App, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will
be solely governed by these Terms and any law applicable to us as provider of the software.
You agree that we, and not Apple, are responsible for addressing any claims of you or any third
party relating to our iOS App or your possession and/or use of our iOS App, including, but not
limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation; and all such claims are governed solely by these Terms and any law
applicable to us as provider of the software. You agree that, in the event of any third party claim
that our iOS App or your possession and use of that iOS App infringes such third party's
intellectual property rights, we, not Apple, will be responsible for the investigation, defense,
settlement and discharge of such claim. The parties agree that Apple and its subsidiaries are
third party beneficiaries to the Terms applicable to your use of our iOS App. Upon your
acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce the Terms applicable to your use of our iOS App against you as a third party
beneficiary thereof.
17. Miscellaneous
These Terms, together with any other rules or guidelines posted in connection with BROWZLY
constitute the entire and exclusive and final statement of the agreement between you and us.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a
waiver of such right or provision. If for any reason any provision of these Terms is found to be
unenforceable, that provision shall be enforced to the maximum extent permissible so as to
effect the intent of the parties as reflected in that provision, and the remainder of these Terms
shall continue in full force and effect. The section titles in these Terms are for convenience only
and have no legal or contractual effect. The terms as set in different Sections of these Terms,
as well as any other limitations on liability explicitly set forth herein, shall remain in full force and
effect notwithstanding any termination of your use of BROWZLY Service. These Terms are
personal to you and are not assignable, transferable or sub licensable by you except with our
prior written consent. We may assign, transfer or delegate our rights and obligations under
these Terms without consent from you. The section and subsection headings in these Terms
are for convenience only and shall not affect their interpretation. Unless otherwise specified in
these Terms, all notices must be in writing and will be treated as given on receipt, as verified by
written automated receipt or by electronic logs (as applicable).
18. Modifications
We may, in our sole and absolute discretion, change these Terms from time to time. If we do,
we will update this posting, send you notice through BROWZLY or email you. Your continued
use of BROWZLY constitutes your agreement to abide by the Terms as changed. If you object
to any such changes, your sole recourse will be to stop using BROWZLY.
19. Legal
Apple, the Apple logo, iMac, MacBook Pro, and iPad are trademarks of Apple Inc., registered in
the U.S. and other countries. App Store is a service mark of Apple Inc.
Last updated: May 3, 2017