Who May Use The App
By using this App or Website (“App”), you hereby expressly agree and acknowledge that you are at least 13 years of age. Otherwise, your usage of this App will be void where it is prohibited. Apart from this, your usage of this App signifies that you represent and acknowledge that you possess the required legal capacity in order to enter into these Terms and Conditions, and also to be completely bound by such. You also agree and acknowledge that your interest, intended, or actual use of this App will only be for legitimate purposes, and that you won’t use this App for anything illegal or immoral.
License To Use The App
The person who owns this App and Website (“Owner”) hereby provides a limited, personal, and non-exclusive license for you to access the App and its functions, solely for personal purposes. As such, you agree not to assign, transfer, or license this App to someone else. Furthermore, you absolutely agree that you won’t use this App for any commercial purposes, other than its intended function of facilitating your intention to lend out or borrow a book for compensation among its users.
You acknowledge and agree not to reverse engineer, recreate, resell, recreate, or make derivative works of this App.
By using this App, you expressly acknowledge your awareness that its usage will require a compatible device, the corresponding Internet functionalities, and proper software settings and upgrades. Contingent on your settings and available resources in relation to the requirements of the App, the proper execution of the App can be directly or indirectly affected by these variables. As such, you hereby hold the Owner harmless and free from any liability arising from any perceived or actual sub par performance of the App owing to inadequate resources, improper settings when using the App, or for any reason at all.
You agree that the App has the absolute prerogative, in its sole discretion, to maintain, accept, or disallow the pool of its users, or even determine/maintain which users can be linked to each Account registration of the App. You also agree that the App and its Owner has the sole prerogative to determine on which appropriate devices the App can be made available or be disabled. The Owner hereby advises you to use the latest version of the App in order to attain its best functionality and features. You hereby acknowledge that the duty of updating your App, providing its optimal software and hardware, and the proper device for the running of the App is your sole responsibility. Furthermore, you agree to hold the Owner harmless from any liability for any inadequate performance of the App for any reason.
Use of Location-based Services
You agree that the App, its Owner, its affiliates, advertisers, or partners provides its services/advertisements/features through the App by utilizing the device based geographic information of the App. You hereby agree that the Owner or any of its partners or affiliates may acquire, gather, collect, transmit or retain your location data, which may be comprised of, but is not particularly narrowed down to the geographic proximity of your device, your location as indicated by your operating system, and any and all services on your device which may indicate or transmit your location. If disagree with this, then you are hereby prohibited and advised from any usage of the App.
You agree that the geographic capabilities of the App, which help borrowers meet lenders of books, shall not be used as a replacement for situations where accurate locational information or communication among people is needed. While the Owner endeavors to do its best to give accurate locations and data for its services in order to help borrowers meet lenders, the Owner however disclaims any damages or liability, and does not make any guarantees or warranties in terms of precision, timeliness, or reliability of the data provided by its App pertaining to the information of people or the information of the books featured or displayed.
Availability Of The Service
The App provided by the owner, or any functionality thereof, may have specific geographical or realistic limitations for the area of its services, and also contingent on your actual location. Whereas this App was primarily intended by the Owner to work only in the US, therefore, you agree with the reality that this App may not be available in your country, or even in the language of your choice. Hence, the Owner hereby disclaims and warranties or representations regarding the availability of the App for your particular circumstances, of for any user’s circumstances.
Payment and Collection of Credit Card Information
By using the App, you agree that you may be required to make payments either to the App, other users, or third party payment facilities installed by the App, whether directly, indirectly, or on an escrow basis. You hereby absolutely agree that the App may collect any and all personal information, Credit Card Information, or any information which is relevant to enable you to potentially or actually make payments to the App, its Owner, or any third party payment gateways or facilities installed by the App. You also hereby absolutely agree to allow the App to charge and collect payments from you, and from the particular payment method you provided, or on the basis of the payment information you provided, whether directly, indirectly, or on an escrow basis. You agree that your mere use of this App represents your consent and approval to make the App, its Owner, or its third Party Payment Facilities as your authorized representative in order to charge, debit, or collect amounts from your credit card, debit card, PayPal, bank accounts or whatever payment method is the case.
You agree that any payments charged by the App, the Owner, or third party payment facilities may be returned at the discretion of the App, the Owner, or third party payment facilities.
You therefore expressly allow the App, its Owner, or third party payment facilities installed by the App to:
- Charge you directly, indirectly, or on escrow, for any amount required for borrowing a book.
- Charge you directly, indirectly, or on escrow, for any amount required in order to pay for the full value, as determined in the App’s sole discretion, for any lost book.
- Charge you directly, indirectly, or on escrow, for any amount, which the App deems to have been paid erroneously to you.
- Charge you directly, indirectly, or on escrow, for any amount, which the App deems, is necessary for your usage of its App.
Code Of Conduct; Prohibited Activities
Since the usage of the App will require interaction and actual meetups between its different users, you hereby agree that you will at all times behave in a respectful manner. By using this App, you absolutely agree not to:
- Use the App from any criminal or immoral purposes
- Use the App as a means to harass or to facilitate the stalking of an individual
- Engage in fraud or impersonation in dealing with any other person
- Use the App as a means to collect information of others
- Pretend that you are an authorized representative of the Owner of the App.
- Use the App, or engage in acts while using the App, which can be considered as hacking, lead generation, automation, or spamming, and any related activities.
- Engage in any act of infringing the intellectual property of others.
- Intentionally disrupt or interfere with the functionalities and operations of the App, its servers, and any required software, servers, or hardware of the App.
- Introduce any threats, viruses, harmful programs, codes, or files, which may disrupt or immobilize the App or its resources.
Access To The App And Site
The App does not warrant or represent that you will be able to access the App at any given time – service interruptions may occur due to reasons beyond the control of the App, or because the App has to undergo a maintenance procedure. The App hereby disclaims any liability relating to its performance, functionality, accuracy, quality or availability, and reserves the right to stop, modify, or reduce any component of its service, without the need of any prior notice to you.
You hereby agree that you will be solely responsible for setting up the required prerequisites in order to ensure the competent execution of the App, which can include a good Internet and Mobile access, or the appropriate device. You hereby agree to hold the App or its Owner harmless of any liability pertaining to a reduced functionality of the App arising from an incompatible device, a substandard Internet connection, or for any reason.
Primarily for your convenience, the App or its Owner maintains the right to install links on any location of its App or site as it sees fit. You hereby acknowledge that the Content or nature of the sites to which these links point to are managed by third parties, and are therefore beyond the control of the App. As such, you acknowledge to hold the App harmless from any liability or damages due to any danger or damage which you might encounter as a result of visiting such links.
By using this App, you express agree not to infringe on any of the content, trademarks, copyrights, patents, or intellectual property of the App and its owner, which may include any of the textual or graphical content on the App or the site. Neither shall you infringe the same by creating works or intellectual property, which are derived from the content or intellectual property of the App or its Owner.
Liability and Amendments
By Using this App, you expressly agree to hold the App or its Owner to be free from any civil, criminal, administrative, or any form of liability arising from your usage of the App, or on your reliance on any of the offerings, ads, or services which can be found on the App. The App or its Owner reserves the right to change any of these Terms and Conditions without the need of any prior notice to you. However, in its sole discretion, the App may decide to notify you in any medium, which it feels it can use in order to inform you of such changes.
If there is a conflict between another agreement and these Terms and Conditions, the latter shall prevail.
Jurisdiction and Venue
If there is a dispute regarding the terms of this App, then its interpretation shall be governed the laws of the State of Minnesota, USA. Likewise, any judicial action arising from these Terms, or the usage of the App shall be initiated and pursued in the Courts of the State of Minnesota, to the exclusion of all other Courts. If the App or the Owner delays in any manner for the enforcement of any of its rights under these terms and conditions, this action shall not be construed as a waiver of its rights in any manner.