Using and Installing Apps
The App Market offers to Users the opportunity to license and then access and install particular Apps for use with the Website services that Bookmark offers. Many of the Apps are developed, offered, provided, and licensed to you by third party developers or licensors (with such entities hereinafter referred to collectively as “Third Party Developers”). Apps offered and provided by Bookmark shall be expressly noted, with all other Apps offered and provided by Third Party Developers.
From time to time, we may offer to Users sales, credit point, or other promotions that may be utilized in the App Market. Please note that in the event of any promotion, Bookmark may subsequently modify or discontinue any such promotions at any time. Additional terms applicable to such promotions shall be separately provided with each such promotion, and Bookmark may otherwise provide notice of any modification by direct communication with its Users or through general announcements offered through the App Market. Subject to your compliance with the Terms, Bookmark hereby grants to you through these App Market Terms a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the App Market for the sole purpose of browsing, locating, or purchasing a license to Apps offered by Bookmark or its Third Party Developers. All rights not expressly granted by Bookmark are hereby reserved. Accordingly, you are hereby prohibited from using the App Market in any manner that is not expressly and unambiguously authorized by these App Market Terms. Bookmark shall own all right, title and interest in and to the App Market and Bookmark or its Third Party Developers shall own all right, title, and interest in and to the Apps offered to Users, including without limitation all applicable intellectual property rights in the Apps.
BOOKMARK IS NOT AFFILIATED WITH OR RESPONSIBLE FOR THE CONTENT, FUNCTIONALITY OR PERFORMANCE OF ANY APP OFFERED BY A THIRD PARTY AND YOUR USE OF ANY SUCH APP IS AND REMAINS AT YOUR OWN RISK. ALL THIRD PARTY DEVELOPERS ARE INDEPENDENT PARTIES FROM BOOKMARK.
The App Market or the Apps in the App Market may also contain links to third party websites (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by Bookmark and are owned, controlled and/or maintained solely by third parties over whom Bookmark exercises no control. In addition, Bookmark may in its sole discretion provide third party content on the App Market (“Third Party Content”). Such Third Party Content is created, edited, published, maintained and transmitted by third parties. Accordingly, Bookmark hereby expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Content appearing on the App Market, or (ii) the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links in the App Market. Moreover, the Third Party Sites and Third Party Content do not imply an endorsement by Bookmark with respect to any third party, any third party content, any website, network, page, or the products or services provided by any third party.
In addition, the Apps in the App Market may allow for access to certain third party services, including, without limitation, API platforms, marketing and advertising services, social network platforms, publication and delivery services, e-commerce services, and other services (with such third party services hereinafter referenced collectively as "Third Party Service(s)"). In connection with utilizing any Third Party Service, please note that you may need to accept additional updates or upgrades to certain Apps from time to time in order to continue your use of the App or use of the App through the App Market. In connection with utilizing any Third Party Service, please also note that such Apps may collect or use certain data, including personally identifiable information. Please review the respective privacy policies offered by each App.
Bookmark is not responsible and does and will not have any liability for any Third Party Service.
Please also note that Bookmark may terminate its use of or any App Market’s utilization (and any App’s (available therefrom) utilization) of any Third Party Service in its sole discretion at any time and with or without notice to you. Any such termination may result in the inability to utilize certain features of the App offered through the App Market. Further, Bookmark is not responsible for such termination.
By downloading, accessing, or using the App Market, you represent and warrant that (i) you are at least 18 years of age or the legal age of majority; (ii) you will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Bookmark through the App Market; and (iii) pay all required fees through any payment method prescribed and/or permitted by Bookmark, including, without limitation, through a credit card or any online payment processing service. Any breach of the foregoing representations and warranties entitles Bookmark to immediately terminate the Bookmark Terms and/or seek any and all remedies available at law or equity.
Registration for access to and use of the App Market may require both a user name and a password and adherence to other particular access requirements as designated by Bookmark in its sole discretion from time to time for your account. You hereby agree to consider your user name and password as confidential information and not to disclose such information to any third party without the prior express written consent of Bookmark, which may be withheld in its sole discretion. You shall immediately notify Bookmark if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Bookmark will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. These App Market Terms provide only a limited license to access and use the App Market. Accordingly, you hereby agree that Bookmark transfers no ownership or intellectual property interest or title in and to the App Market to you or anyone else in connection with your use of the App Market. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the App Market are exclusively owned, controlled, and/or licensed by Bookmark or its members, parent(s), licensors, or affiliates. BOOKMARK and all other names, logos, marks, and icons identifying Bookmark and its products, and/or services are owned exclusively by Bookmark, and any use of such marks without the prior express written permission of Bookmark is hereby expressly prohibited. Other trademarks or service marks identified on or through the App Market may be the trademarks or service marks of third parties, including Third Party Developers.
Any review, feedback or other submissions you make to Bookmark on or through the App Market, including, without limitation, any information you provide to Bookmark through any registration process and/or forum (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and license for Bookmark to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.