Terms of Service
Browzly is designed for use by children. Parents 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, Members and general users across all of the sites unless the context implies otherwise. Teachers, Pupils, Members and general users shall collectively be referred to as Users.
1. Teachers and School Administrator accounts
- 1.1 When subscribed or authorized for a trial, authorized teachers or school administrators will be invited to activate their Browzly accounts to authorize and add their classes/students to use Browzly. Once a class is added, teachers may add additional faculty and parents and other family members to upload, request, view, comment on, and share content as per user roles and permissions within Browzly.
- 1.2 Teachers and schools agree to obtain written consent from parents prior to their students creating accounts on Browzly, or alternatively, agree that they are acting as the parent's agent and providing consent to use Browzly.
- 1.3 When you create a Browzly class, you agree that:
- Any students you add to your class are current students in your class.
- Any additional teachers you add to your class are authorized by your school to access that student's content
- You will use Browzly only for lawful purposes and abide by applicable law and school policies in your use of Browzly.
- You will treat Browzly as an extension of the classroom and take reasonable steps to confirm that students are using Browzly appropriately.
- You will only invite parents, guardians, and other trusted adults to view their respective student updates.
- You will protect your class QR code and any other access credentials so that access to student and class content is limited only to students and parents, guardians, and other trusted adults.
- Other than between Teachers at the same school (which will always be subject to and conditional upon these Terms of Service), memberships may not be assigned, sublicensed or otherwise transferred to any third party.
- 1.4 If you register and subscribe, you agree to: (a) provide accurate and current information as prompted during registration; (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.
2. Parent accounts
- 2.1 Teachers may invite parents or legal guardians to use Browzly under their school account to view updates about their child's reading and participate in other school community activities on Browzly that the school may be subscribed to.
- 2.2 By creating a parent account and accessing a student's updates, you agree that you are the legal guardian of the student or have permission from the legal guardian of the student to create a parent account and access that student's updates.
- 2.3 As a parent, you will only be able to access posts in which your child has been involved. Other parents and adults may be able to access your child's work if your child is tagged in a post with their child.
3. Student accounts
- 3.1 Students may use Browzly only if their parent or legal guardian has given permission to their teacher or school. You agree to use Browzly only if you have been invited to use Browzly by your school.
- 3.2 Browzly is an extension of the classroom. You agree to use Browzly in a manner that is appropriate to the classroom. You may not violate the policies of your school in your use of Browzly.
4. 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 devices. You will not transfer copies of cached content to any other device.
5. 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, 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.
6. 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. 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. 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.
7. User Submissions
- 7.2 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.
- 7.3 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.
- 7.4 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.
- 7.5 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 7. 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.
- 7.6 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.
- 7.7 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
8. 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 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.
10. Account Transfer
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.
11. Abandoned accounts
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.
12. Links or Third Party Applications/Devices
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.
13. 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.
14. 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.
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).
19. 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.
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).
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.