Terms of Service

Terms of Service and End-user license policy agreement for BooksPlus

 

This Terms of Service and End User License Agreement (collectively referred to as “Terms of Service”) is made by Ignite Solutions India Pvt. Ltd. (Hereinafter referred to as “Ignite Solutions/we/our/us”), a company incorporated under The Companies Act, 1956 in India and having its office at 403 Konark Epitome, 230 Viman Nagar, Pune, India and You as user of Ignite’s Services herein defined below.

DEFINITIONS

 

“Application” or “App” means a proprietary software application viz. “BooksPlus”, developed and built by Ignite Solutions. BooksPlus is a software application available on platforms like iOS, Android or web browsers (individually referred to as “Platform”), accessible through your Device (As defined below) that is a constant companion to books enhanced using the BooksPlus platform. BooksPlus provides rich multimedia content to support book content.

“Device” means and includes any mobile handset or tablet or a computer system (including portable computer system) possessing all compatibility, software, hardware, features for running the Application.

“Use/use” or “Using” means to access, view, install, download, upload, use or otherwise benefit from using the Services including the Application or through any of the Platforms.

“User” or “You/you” or “Your/your” means any person who accesses or uses the Services including the Application for his or her own personal use.

“Services” means all services made available to you by Ignite Solutions (from time to time) in accordance with the terms of these Terms of Service, including but not limited to Use, access to its Website, Application, modules, features and related services.

“Website” means booksplusapp.com, ignitesol.com or any of their subdomains.

USE OF THE SERVICES

 

BY DOWNLOADING AND INSTALLING OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.

Subject to acceptance of the terms and conditions of these Terms of Service and the Privacy Policy, Ignite Solutions hereby allows the User to Use the Application including the Services herein. We retain the rights to change the terms and Conditions of these Terms of Service and Privacy Policy from time to time and such modified terms shall be applicable to the User.

The User could use or access the Services by using their mobile device and books enhanced for the BookPlus platform. Please note that Ignite Solutions does not store any user data.

LICENSES

 

Subject to terms and conditions of these Terms of Service and Privacy Policy, Ignite Solutions hereby grants You a non-exclusive, non-transferable, non-assignable, limited right and license to use the Services including the Application for Your personal and non-commercial use on a single Device. Except as otherwise agreed to, the license to Use the Services including Application is granted subject to following:

  • Your compliance with these Terms of Service and Privacy Policy;
  • Your compliance with the rules set out in the iOS, Android or web browsers’ Terms of Service;
  • Not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software obtained from the Services including the Application;
  • Not to alter, remove of any of the proprietary information including the logos/trademarks of Ignite Solutions or any other content within the Application.
  • Not to use this Application as part of another application, upload of any virus, use any content for commercial purposes without our consent of us; access or modify partially or otherwise to any source code; track or monitor the other users; do anything that puts an enormous / unreasonable load on our infrastructure/servers; copy or create derivative work on our software.

YOU HEREBY ACKNOWLEDGE THAT NO RIGHT, TITLE OR OWNERSHIP IN THE SERVICES INCLUDING THE APPLICATION IS BEING TRANSFERRED OR ASSIGNED TO YOU AND THIS Terms of Service IS NOT TO BE CONSTRUED AS A SALE OF ANY RIGHT IN THE SERVICES INCLUDING THAT OF THE APPLICATION.

THIRD PARTY SERVICES

 

The Application or Services may enable links to third party services and web sites (“Third Party Services”) which may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. You agree to use the Services at Your sole risk and further using any Third Party Services and Third Party Material, Ignite Solutions shall not have any liability for your use and access of such Third Party Services and/ Third Party Materials. You further acknowledge that Ignite Solutions shall not be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or other web sites.

IGNITE SOLUTIONS DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY SERVICES, THIRD PARTY MATERIALS OR WEB SITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.

TERMINATION

 

The license for use of the Services including the Application is effective until terminated by You or Ignite Solutions. Your rights under this license will terminate automatically without notice from the Ignite Solutions, if You fail to comply with any term(s) of these Terms of Service and Privacy Policy. Upon termination of the license, You shall cease all use of the licensed Application, and destroy all copies, full or partial, of the Licensed Application.

RULES OF CONDUCT

 

The Services including the Application are to be used solely for Your non-exclusive, non-assignable, non- transferable and limited personal use and for no other purposes. Your Use of the Services including the Application are subject to all applicable local, state, national laws and regulations wherever applicable.

If You install the Application, You represent that You are an adult and are accepting the Terms of Service and are personally bound by Terms of Service. You fully take the responsibility and obligation for use of Application by any third party account instead of You.

OWNERSHIP OF INTELLECTUAL PROPERTY

 

The Services including the Application and all the rights including but not limited to intellectual property rights, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, sound effects, musical works, and moral rights whether registered or not and subsisting under the Services including the Application are owned by Ignite Solutions and its affiliates and/or subsidiaries.

All materials and data published, shared or projected on the Application, including but not limited to images, sound, audio, music, video, graphics, software, text, icons, logos, copyrights, designs, layout, models ( “Data”) are sourced through, and/or licensed to and/or utilized under fair use by Ignite Solutions by way of various partnership engagements and owned by the respective copyright owners and are protected by relevant Intellectual Property Rights laws. By displaying them on the Application, Company does not grant you any license to utilize those proprietary logos, service marks, or trademarks except for your personal use. Any unauthorized use or attempt to use the Data may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.

If  You believe that the Services and / the Application or any Data published thereon contains elements that infringe Your or any third party’s intellectual property rights in Your or such third party’s work, please notify us immediately. If we receive any intellectual property right infringement claim notification, We may at our sole discretion remove all such content which is indicated as infringing and/or take any other appropriate action.

COMPATIBILITY

 

Ignite Solutions does not warrant that the Application will be compatible with Your Device or any other piece of hardware, software, equipment or device installed on or used in connection with Your Device. Furthermore You acknowledge that compatibility problems can cause the performance of Your Device to diminish or fail completely, and may result in permanent damage to Your Device, loss of data located on Your Device and corruption of the software and files located on Your Device. You acknowledge and agree that Ignite Solutions and its affiliates, subsidiaries, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with the compatibility problems.

We may launch new upgrades or advance versions of the Application from time to time (as per the frequency and terms of Our choice) for our users. You acknowledge that such upgrades may not necessarily be compatible to the Application version that User is using.

ADVERTISEMENTS

 

We may also post, display, publish or provide links of advertisements on the Application. We do not endorse the advertisements or advertisers or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers. User shall directly deal with the Advertisers and any such third party providing such services.

USER CONTENT ON THE APPLICATION

 

The BooksPlus application does not collect or show any user content.

DISCLAIMER AND LIMITATIONS OF LIABILITY

 

THE SERVICES INCLUDING THE APPLICATION, IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES AND/ APPLICATION IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that You are assuming the entire risk as to Your data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Application, including, without limitation.

In no event shall Ignite Solutions be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Services including the Application.

INDEMNIFICATION

 

You agree to indemnify, defend and hold Ignite Solutions, its parents, subsidiaries, affiliates, successors, assigns and licensors, or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, service providers and harmless from and against any and all claims, actions, losses, expenses, damages and costs (including attorneys’ fees), resulting from any breach or violation of these terms of Terms of Service and Privacy Policy by You, or due to Your acts or omissions related to the use and access of the Services including the Application.

FORCE MAJEURE

 

Without limiting the foregoing, under no circumstances shall Ignite Solutions be held liable for any damage or loss due to deficiency in performance of the Application resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, Telecom Regulatory Authority of India (TRAI) regulations, Department of Telecommunications (DOT) regulations, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.

PRIVACY

 

Your privacy is important to us. To understand better about protection of your privacy by us, including the collection mechanism and use of the personal information you submit to us, please visit the Privacy Policy posted along with these Terms of Service.

APPLICABLE LAWS

 

Terms of Service and Privacy Policy contain the entire understanding and agreement between You and Ignite Solutions and supersedes any and all prior or inconsistent understandings relating to Application. If any provision of Terms of Service and Privacy Policy is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms of Service and Privacy Policy will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Service and Privacy Policy.

Terms of Service and Privacy Policy and Your use of the Application is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Pune, Maharashtra, India.

GENERAL PROVISIONS

 

In these Terms of Service and Privacy Policy, reference to any gender includes a reference to all other genders and the neuter. Each part of these Terms of Service and Privacy Policy is independent of each other. If any part of these Terms of Service and Privacy Policy is found void and unenforceable, it will not affect the validity of the balance of this Policy, which shall remain valid and enforceable according to its terms.

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