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Terms of use

Following are the terms of use (“Terms”) that shall be binding on each user (“User”, “Your” and/or “You”) who voluntarily desires to download the “ChapterBooks and now renamed to be The ChapterApp application (“App”), subscribe to the Features (defined below) of the App hosted by Chapter Apps Inc. (“the Company”/ “We”).

If you do not agree to be bound or cannot comply with any of the Terms of Use, please do not continue. Your act of downloading the App, subscribing to it and Feature as detailed below shall be deemed to be Your absolute agreement to these Terms of Use and Privacy Policy of the Company as prescribed from time to time. The App inter alia the Feature shall be governed by the Principle Terms and General Terms stated herein below and all User(s) as requested herein unconditionally accept and agree to comply with and abide by the same. We reserve the right to revise these Terms at any time by amending this page and your continued use of the App after any such amendments are published on the Site will be considered acceptance by you of such amended Terms.

The Privacy Policy available here www.thechapterapp.com/privacy.php shall govern all usage of any Personal Information (defined below) gathered under or pursuant to this Terms of Use by the Company.

I. Principle Terms

  1. This App may be downloaded, activated and used either through hand held mobile devices on platform which is iOS 7.0 and above and all models of devices falling under the same platform (“Platform”) from the Apple iTune Store. The App is presently available free of charge to the User. Company reserves the right to charge a fee for download and/or use of the App in the future at its’ sole discretion.
  2. To activate the App and /or to register and to avail the Feature on the Platform and to subscribe to its features, the User(s) shall be required to undertake the following (“Registration Process”) :
    1. Download the App from the Apple iTunes Store.
    2. Thereafter, click on the “App icon”, subsequent to which the App will be launched.
    3. Upon activation of the App, the User(s) shall register using his/her credentials or in any other manner or form as may be prescribed /requested on the App and provide his /her personal information as may be requested on the App (“Contact Information”).
    4. The User(s) shall thereafter have access to the features, featuring and /or built in the App (“Features”). For the sake of clarity, the Company reserves the right to change, alter, modify, discontinue any existing and/or introduce any additional Features within the App at its sole discretion without any recourse to the User. The User acknowledges and agrees that any such decision of the Company shall be final and binding.
    5. The details and particulars of the Features of the App, subject to change at anytime are, inter alia, as described below:
  3. (a) The App shall host educational content inter alia material regarding calculus and statistics and other such material based on the sole discretion of the Company (“Material”). The App will contain other material such as quizzes, flash cards and the Company may add or delete free content as it deems fit. The Company hereby grants a limited, non-exclusive, revocable, non-transferrable license to the User strictly for personal use, for the territory of the world and for such time till the User is using the App (unless such license is rescinded earlier at the sole discretion of the Company), to download the App and utilize the Material within the App (hereinafter “License”). The User hereby represents that the User shall not monetize and/or market the Material.

  4. The User(s) agrees and confirms that any and all personal information provided by the User(s) shall be true, accurate and shall not be inaccurate/ deficient/ false.
  5. The Company reserves all rights to make amendments to the App and/or its Features or such other terms and conditions stated herein, without giving prior notice. It shall be the sole responsibility of the User(s) to check the Terms of Use pertaining to the Features and/or App on the App from time to time at this website : www.thechapterapp.com/termsofuse. The Company also reserves the right to cancel and/or postpone the launch and /or activation of the Features /App without any prior intimation to the User(s).
  6. The Company reserves the right to disqualify any User(s) from using the App and/or the Features if his/her conduct is found to not be in concurrence with the Terms of Use set out herein or as may be revised by the Company from time to time. The decision of the Company in this regard shall be final and binding upon the User(s). If in the event, the Company receives or requires any additional details from the User (“User Information”), the User shall promptly furnish such User Information. The User hereby grants a non-exclusive, perpetual, worldwide, sublicensable right to the Company to use the User Information pursuant to these Terms of Use in relation to all modes and mediums required for the purpose of the App. The provisions of Section 19(4) of the Indian Copyright Act, 1057 shall not apply to these Terms of Use.
  7. The Company reserves the absolute right and discretion to reject any “User Information” or any part thereof at any stage of the App and /or Features, if the Company receives any notice or complaint relating to the User Information not being compliant of the Terms of Use including alleged to be infringing any form of rights including rights in any form of intellectual property of any third party.
  8. The User shall not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use the Material contained in the App and/or the Features.
  9. You further undertake not to use the App and/or the Features to post, upload or otherwise transmit User Information or parts thereof which belongs to another person and to which the User does not have any right to; blasphemous, indecent, immoral, abusive, offensive, against the applicable laws or libelous and/or is contrary to any law in force; is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation or is prohibited by any applicable laws.
  10. To the maximum extent possible under the applicable laws, the User(s) hereby waives its’ rights and shall not in any circumstances make any claims against the Company and/or its directors and/or employees/independent contractor entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the User(s)’ utilization of the Feature or any related activity. If the User is found to be ineligible, or if he or she has not complied with any of these Terms of Use, the Company reserves the sole and complete right to disqualify the User from accessing the App and utilising the Features within the App.
  11. The User shall at all times comply with the applicable laws, rules and regulations including the terms and conditions of the Platform on which the App is hosted.
  12. By activating the App, each User(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the App, or the Features, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with utilizing the Feature (if any), notwithstanding the foregoing, under no circumstances will the Company and/or the Company entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
  13. All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the App are owned by us or our licensors. You may use the App it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this App or any of its content. You shall not interfere or attempt to interfere with the operation or use of App in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
  14. We are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the App, unless otherwise expressly indicated. Except as provided in these Terms, use of the App does not grant you any right, title, interest or license to any such intellectual property you may access on the App. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this App. Your use of the trade marks, service marks or logos displayed on this App, except as provided herein, is strictly prohibited.
  15. By downloading the App and utilizing the Feature, it is construed that the User has read and understood these Principle Terms including the General Terms stated below and has agreed to abide by the same.

General Terms

  1. In the event of any fault, misunderstanding or dispute concerning any part of the App and/or the Features the decision of the Company shall be final.
  2. The App and/or the Features within the App can be utilized by any User(s) who is of the age of 4 years and above only. In case a User(s) is below the age of eighteen (18) years these Terms of Use must be read, accepted and approved on such User(s)’ behalf by his/her parents and/or legal guardian. The User(s) should not have criminal conviction or an arrangement or a contract that prevents the User(s) from downloading and using the App and/or the Features.
  3. Proof of age, if requested, of the User(s) as part of the registration process under clause 2 of the Principle Rules must be submitted to the Company (i.e. Birth Certificate, 10th Class leaving certificate/school certificate/passport/an affidavit signed by a magistrate) as may be required by the Company to confirm the eligibility of the User(s). The Company also reserves the right to disqualify a User(s) in case a discrepancy is found to exist in the information furnished/provided/stated by the User(s) at any point in time during the use of the App.
  4. The User(s) represents and undertakes to execute and produce such further documents as may be required by the Company in relation to using the Feature.
  5. Each User(s) consents to the use of information submitted by the User(s) for the purpose as set out in these Terms of Use.
  6. The Company shall not be responsible for any information submitted but not received due to any reason whatsoever including technical disruption and/or failure and/or any other difficulties of such nature.
  7. The Company reserves the right to rescind the License in the event it is found by the Company and/or the Company has a reason to believe that any information provided including personal information by the User(s) is wrong, fraudulent or any misrepresentation is made by the User(s).
  8. The app and/or the features are provided “as-is” and “as available” and the company does not guarantee or promise any specific results from use of or continuous availability of the app and/or the features. to the fullest extent permitted by applicable law, the company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing. without limiting the generality of the foregoing, the company makes no warranty that your use of the app and/or the features will be uninterrupted, timely, secure or error-free, that defects to the app and/or the features will be corrected, that the app and/or the features or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with the app and/or the features or third party services (including, but not limited to, through user content or third party advertisements) will be accurate, reliable, timely or complete. under no circumstances will the company be responsible for any loss or damage (including but not limited to loss of data, property damage, personal injury or death) resulting from use of the app and/or the features, problems or technical malfunction in connection with use of the app and/or the features, any material downloaded or otherwise obtained in connection with the app and/or the features, any user content, any third party advertisement or third party service transmitted on, through or in connection with the app and/or the features, or the conduct of any users of the app and/or the features, whether online or offline. your use of user content, third party advertisements, third party services and the goods or services provided by any third parties is solely your responsibility and at your own risk.

    You acknowledge and agree that your use of the app and/or the features, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. you assume responsibility for the entire cost of any maintenance, repair or correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of the app and/or the features.

  9. By downloading the App and participating in the Features, it shall be construed that the User(s) has waived his/her right to raise any dispute with regard to the Features, Material and/or App, in any manner whatsoever to the maximum extent permissible under law.
  10. In case a User(s) is found to be in non-conformance of the Terms of Use or Privacy Policy then the Company will disqualify the Registration Process of such User(s), based at its sole discretion and such decision shall be final and binding.
  11. The Company shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network. Any dispute in connection to the above shall be settled between the subscribers/ User(s) and the telecom/mobile operator directly, without involving the Company.
  12. In case of any telecom and /or network failure and /or technical failure in launching and /or activating and /or operating the App and /or the Platform and/or for any reasons whatsoever, the Company reserves the right to at its sole discretion to change the App and /or cease the Registration Process, in any manner it may deem fit and necessary. In addition the Company shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond the commercially reasonable control of the Company and the User(s) shall hold harmless the Company and its employees, officers or any other person in relation to the Features and/or the App with respect to the same.
  13. User(s) shall not in any circumstances make any claims against the Company, their employees, directors and its affiliates arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults in relation to the App or directly or indirectly, to their participation or non-participation in the Features. If the User(s) is found to be ineligible, or if they have not complied with these Terms of Use, the corresponding License will be rescinded and such decision shall be final and binding. in no event will the company be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of or inability to use the app and/or the features. in jurisdictions that do not allow for the exclusion or limitation of such damages, the company’s liability in such jurisdictions shall be limited to the extent permitted by law. notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $0 during the term of your use of the app and/or the features.

    You acknowledge and agree that any damages you incur arising out of the company’s acts or omissions or your use of the app and/or the features are not irreparable and are insufficient to entitle you to an injunction or other equitable relief restricting the availability of or any person’s ability to access any portion of the app and/or the features.

    The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of any such damages.

  14. Each User(s) in consideration of being given opportunity to download the App and utilize the Features, agrees that the User(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the User(s), in any manner whatsoever in connection with the use of the Features and/or the App and/or material submitted forming part of the User Information(if any) and/or any personal information submitted by the User(s) during the Registration Process and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in any jurisdiction to claim any damages or reliefs.
  15. The Company is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/or emotional trauma caused to the User(s) in any manner whatsoever, in relation to the App and/or utilizing the Features.
  16. Each User(s) in consideration of being given an opportunity to use the App and/or the Features, agrees to hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any suit/litigation/injury/damage/harm/loss suffered by the Company in connection with any act of the User(s) and/or the Features including any third party rights claims with respect to the material submitted, if any by the User(s).
  17. Each User(s) hereby acknowledges and agrees that the relationship between the User(s) and the Company and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.
  18. The User(s) acknowledges that in case the functionality of the App and/or the Features cannot be fulfilled due to war, industrial action, flood or any Act of God then such non-performance or failure shall not be deemed as a breach of these Terms of Use and if such inability to perform such obligation continues for a period of seven (7) days, then the Company shall be at liberty and upon their sole discretion to terminate any such gratification and/or participation of a User(s) forthwith and such decision shall be final and binding.
  19. User(s) acknowledges that in case any portion/clause of these Terms of Use is deemed invalid or becomes unenforceable or prohibited by the law, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms of Use shall be valid and binding and of like effect as though such provision was not included herein.
  20. We may restrict, suspend or terminate your access to the App, in whole or in part (including the right to disable your username or password), and/or your ability to avail of any of the services on the App, including interactive services, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms. We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal.
  21. User(s) acknowledges that User(s)’ representations, warranties, indemnities, dispute mechanism and obligations shall survive the efflux of time and the termination of these Terms of Use.
  22. Notwithstanding the conflict of law principle, the Terms of Use shall be construed in accordance with the laws of USA and India and in case of any dispute or other matter arising in reference to the App and/or the Features
  23. If You have any questions or grievance, You shall mark Your correspondence as “Grievance/Complaint” (given under the heading “Contact Us”) to contact@chapterapps.net Any communication which is not marked as such shall not be treated as a valid and binding communication for the purpose of this Terms of Use and applicable laws with respect to this Terms of Use.