Oodles is a mobile application (referred to as “App”) that provides users with access to discover, download, read and purchase e-books from content providers (the “Service”). The Service is open to the public but certain portions, components, content and features of the Service (including rating and reviewing of eBooks) are only available to individuals who register with Oodles and create a user account on the Service (each, a “Registered User”).
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (https://oodlesapp.wordpress.com/terms-of-use/). https://oodlesapp.wordpress.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. USE OF THE SERVICE
Oodles allows you to access, view, purchase, download, store and read e-books through their mobile-based app. As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse- engineer, disassemble, or create derivative works of the App or the Service; (iv) make the functionality of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to the App accessed through or downloaded from any app store or distribution platform (like Google Play) where the App is made available (each an “App Provider”).You acknowledge and agree that:
- These Terms are concluded between you and Oodles, and not with the App Provider, and that Oodles (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Oodles.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Oodles will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the App.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. Your dealings with or participation in promotions of advertisers found on Oodles, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Oodles shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
2. MOBILE APPLICATION
A. These Terms of Service apply to all users of the Oodles mobile app, including users who are also contributors of reviews, ratings and other materials or services on the app.
B. The Oodles app may contain links to or content from third party websites and other third party applications that are not owned or controlled by Oodles. Oodles has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites/applications. In addition, Oodles will not and cannot censor or edit the content of any third-party site. By using the app, you expressly relieve Oodles from any and all liability arising from your use of any third-party content/website.
A. In order to access some features of the app, you will have to create an Oodles user account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Oodles immediately of any breach of security or unauthorized use of your account.
B. Although Oodles will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Oodles or others due to such unauthorized use.
C. You will create an account only if you represent that you are of the age of majority in the jurisdiction in which you reside, or 13 years old or older up to the age of majority in the jurisdiction in which you reside with the express written consent of your parent or legal guardian.
D. You will not use Oodles if you are a convicted sex offender.
E. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate termination of your account.
F. Oodles has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. GENERAL USE OF THE WEBSITE
Oodles hereby grants you permission to access and use the app as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the app without Oodles’ prior written authorization.
B. You agree not to alter or modify any part of the app.
C. You agree not to access User Data (reviews, rating and other personal data) or Oodles Content through any technology or means other than the mobile app itself.
D. You agree not to use the app for any commercial use, without the prior written authorization of Oodles.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the app in a manner that sends more request messages to the Oodles app servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line technology and browsers. Notwithstanding the foregoing, Oodles grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Oodles reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the app, nor to use the communication systems provided by the app (e.g. reviews, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the app with respect to their User Submissions.
G. Oodles app reserves the right to discontinue any aspect of the app at any time.
5. PUBLIC DOMAIN
Some of the literary works and e-books offered on the App have been identified as being in the public domain by certain content providers. Oodles does not verify the accuracy of public domain designations and is not liable for any damage that may result from the downloading or other use of such literary works by you. If you do not reside in the relevant jurisdiction for which the public domain designation has been made, it is your responsibility to check the laws of your country of residence prior to downloading or accessing such literary works.
6. LITERARY WORKS
All literary works at Oodles are the exclusive property of the publisher or its licensors and is protected by copyright and other intellectual property laws. The download of these literary works is intended for Oodles Users’ personal and non‐commercial use. Any other use of literary works downloaded from Oodles app is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of these literary works, in whole or in part. By downloading literary works from Oodles app, the User hereby acknowledges and agrees to these terms.
7. THIRD PARTY CONTENT
Oodles has no more editorial control over content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers and users, are those of the respective author(s) or distributor(s) and not of Oodles. In many instances, the content available through the Service represents the opinions and judgments of the respective content provider or user. Oodles neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized Oodles employee spokespersons while acting in their official capacities.
8. COPYRIGHT POLICY
If you feel that content posted on the Oodles infringes on your copyright(s), please immediately contact the Oodles support team by emailing firstname.lastname@example.org
To help us help you, infringement notices should include; (1) An electronic signature and full name, address, phone number and email address of the copyright owner and the person authorized to act on their behalf; (2) An identification of the copyright claimed to have been infringed; (3) the location and nature of the content that infringed party claims to have infringed upon its copyright, in sufficient detail to permit Oodles to identify that content; (4) and a statement by the Infringed: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; (b) under penalty of perjury, that all of the information contained in your Infringement notice is accurate, and (c) a statement that you are either the copyright owner or a person authorized to act on their behalf.
PROJECT GUTENBERG TITLES
Project Gutenberg ebooks may be freely used in the United States because most are not protected by U.S. copyright law, usually because their copyrights have expired. They may not be free of copyright in other countries. Readers outside of the United States must check the copyright laws of their countries before downloading or redistributingProject Gutenberg ebooks. We also have a number of copyrighted titles, for which the copyright holder has given permission for unlimited non-commercial worldwide use.
9. PAID SERVICES
A. Billing Policies. Certain aspects of the Oodles Service may be provided for a fee or other charge. These fees and charges, if any, are displayed on the app, and in the event you elect to use paid aspects of the Oodles Service, you agree to the pricing, payment and billing policies applicable to such fees and charges. Oodles may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
B. No Refunds. You may cancel your Oodles Account at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, Oodles has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that Oodles suspends or terminates your Oodles Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a purchase, subscription, any license or subscription fees for any portion of the Oodles Service, any content or data associated with your Oodles Account, or for anything else. You acknowledge that Oodles has the perpetual and irrevocable right to delete any or all of your content and data from Oodles’ servers and from the Oodles Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Oodles and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the your local territory, your country or international; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12. NO WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OODLES, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURA TE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
OODLES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OODLES SERVICE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OODLES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OODLES, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL OODLES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OODLES ASSUMES 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 AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMA TION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMA TORY , OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL OODLES, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO OODLES HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OODLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in India. Oodles makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.