Browzly is designed for use by children. Parents, teachers and guardians should read these Terms before deciding whether or not it is suitable for their children.
These Terms of Service shall apply to Teachers, Pupils, Parents, Members and general users across all of the sites unless the context implies otherwise. Teachers, Pupils, Parents, Members and general users shall collectively be referred to as Users.
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 devices. You will not transfer copies of cached content to any other device.
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, 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.
All right, title, and interest in and to BROWZLY site and services are and will remain the exclusive property of BROWZLY. 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” 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 United Kingdom 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. 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.
BROWZLY provides its users, access to User Submissions as well as books and other Content that has been uploaded by its members and users to share and swap in their school community at that point in time. The availability of these books and other Content may change from time to time, and from school to school, for a number of reasons (including 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
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.
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.
To protect student data, in certain limited circumstances (such as when a teacher leaves a school) we may transfer a class to a different teacher if we receive a properly authorized request from the relevant school.
Browzly reserves the right to terminate accounts that have not been accessed by the teacher or school associated with the account for a period of more than one year. Prior to terminating an abandoned account, we may notify the teacher or school associated with the account by email.
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 of 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.
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.
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.
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.
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 arise 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.
This Agreement and the rights, obligations, and relations of the parties under this Agreement shall be governed by and construed in accordance with the substantive laws of the Dubai International Financial Centre (DIFC). Any dispute shall be subject to the sole jurisdiction of the DIFC Courts, regardless of its place of performance and without regard to any conflict of law provisions. No joint venture, partnership, employment or agency relationship exists between you, Browzly or any third party provider as a result of these terms or the use of the service or the software.
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).
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.
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 forconvenience 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).
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting on the Browzly website, for you to check from time to time. 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.
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.