1. The Booxli contents and the Booxli Services
We offer you through our Booxli applications, eBooks, Audiobooks and other digital reading, image, audio or video content (hereinafter "Booxli Content") for purchase, loan, use, reading, listening and viewing. This offer as well as the other free and paid services, applications and services of Booxli include the Booxli services (hereinafter "Booxli Services"). With the use of our Booxli services you accept our terms of use.
In addition to these Terms of Use, the Booxli services are subject to (i) the Booxli Terms of Sale for subscriptions, purchases and loans, which you make when using the Booxli services, (ii) the Booxli Terms of Business for gifts and vouchers, (iii) the additional Software Terms of Use and (iv) our Copyright Policy. Our handling of your personal data and our use of cookies and interest-based advertising can be found in our Privacy Policy, Cookie Policy and Interest-based Advertising Information.
2. Privacy policy
For information on our privacy policy, how we handle your personal data and your options for settings, please read our Privacy Policy, our Cookie Policy and our Interest-based Advertising Information.
3. Communication, messages and contacting
We communicate with you primarily by email and through notifications within the framework of our Booxli services. We take the liberty of sending you non-commercial messages to the email address associated with your account. If you have added an optional telephone and/or mobile phone number to your account, we may also contact you by telephone or send you non-commercial messages.
If you have actively given us promotional consent, we will also send you promotional information in the form of emails or messages to the email address associated with your account, or phone and/or mobile number added to your account.
Any communication from you must be sent to the address or email address given in paragraph 22 or to any other address which we may provide in an email, message or in our Booxli applications.
4. Personalized content
As part of our Booxli services in our Booxli applications we personalize recommendations, content, news and functions for you. Based on your inventory and usage data we will display recommendations for titles, authors, illustrators, speakers and publishers as well as suggest products, offers and functions for you to buy, rent or use.
5. Ownership and copyright
All content made available in or through the Booxli services, such as text, graphics, logos, icon buttons, images, audio clips, digital downloads, data collections and the Booxli content is owned by Booxli or its respective licensors and is protected by German and international copyright laws.
6. Brands and trademarks
Booxli, booxli.com and other trademarks made available in or through the Booxli services are trademarks or registered trademarks of Booxli in the European Union and/or other countries. Trademarks and marks of Booxli may not be used in a manner that is likely to cause confusion among customers or in a manner that disparages or discredits Booxli or in connection with any product or service that is not owned by Booxli. The use of these trademarks and signs is not allowed without prior written permission from Booxli. All other trademarks not owned by Booxli that appear on the Booxli services are the property of their respective owners, who may also be affiliated with Booxli.
7. License and access
Subject to your compliance with these Terms of Use and the payment of any applicable fees, we or the respective content provider grant you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Booxli services for your personal, non-commercial use. Further license conditions can be found in the terms of sale. This license does not include the resale or commercial use of the Booxli applications or Booxli services, or its contents, the collection and use of product information, descriptions or prices, the derived use of the Booxli services or its contents, the downloading or copying of account information for the benefit of another merchant or the use of data mining, robots or similar data collection and extraction programs.
All rights not expressly granted to you under these Terms of Use or any other applicable terms are reserved by Booxli or its licensees, suppliers, publishers, copyright holders or other content providers. The Booxli services may not be reproduced, duplicated, copied, sold, resold or otherwise used for commercial purposes in whole or in part without the express written consent of Booxli.
No frames or framing techniques may be used to attach Booxli trademarks, logos or other copyrighted information (such as images, text, page layout) without the express written consent of Booxli. You may not use any meta tags or any other "hidden text" utilizing Booxli's name or trademarks without the express written consent of Booxli. Your legal rights remain unaffected. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Booxli services, provided that the link does not portray Booxli or its products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any logo or other copyright protected graphic or trademark as part of the link without express written permission.
You may use the Booxli services only to the extent permitted by our terms of use or by law. Any violation of our Terms of Use or other relevant terms and conditions, as well as any misuse of the Booxli applications, the Booxli Services or Booxli content will result in the expiration of the permission or license granted in this paragraph.
8. Your user account
As a registered user of the Booxli applications you receive or create one or more passwords and user accounts (hereinafter "Booxli User Account"). When you open a new Booxli User Account, this Booxli User Account cannot have the same email address as another already registered Booxli User Account. As far as you use the Booxli services, you are responsible for maintaining the confidentiality of your Booxli user account(s) and for restricting access to your computer or other end devices and you are responsible for all activities that take place through your user account(s). Booxli sells products for children, but sells them to adults who can purchase them with a credit card or any other permitted payment method. If you are under 18 years of age, you may use the Booxli services only with the involvement of a parent or guardian. Booxli reserves the right, in its sole discretion, to refuse service, close user accounts, remove or edit content, or cancel orders.
9. Reviews, user profiles, purchase recommendations and other forms of participation
Booxli offers you a variety of opportunities to actively participate in the development of the Booxli services and you are welcome to use these opportunities. These opportunities for participation are additional, voluntary additions to the Booxli-Applications and the Booxli-Services and are of course constantly changing. For all such opportunities including participation in contests the following rules apply:
There is the possibility for you to create a user profile. In addition to the data you have already entered during registration you can enter further personal information and photos about yourself and your family. You are free to use this function. The user profiles cannot be viewed publicly. However, it is possible that you can make certain information in your user profile visible to certain or every visitor of the Booxli services. Due to your explicit written request (by email, fax or letter) the user profile can be deleted by Booxli.
As a user of the Booxli applications and the Booxli services you are welcome to submit ratings, reviews or comments and forum contributions or other content (hereinafter "User Contributions") about the Booxli services.
By submitting user contributions, you grant Booxli an irrevocable, free of charge and sublicensable right, unlimited in time and place, to further extensive use of these contributions in any media, especially the right to copy, distribute and edit them, including the right to translate. You warrant that you have the right to use the User Submissions and their contents and that their use does not violate these Terms of Use, the rights of third parties or governmental orders and applicable laws. You grant Booxli and its licensees the right to use your name, which you use in connection with the licensed contributions as author designation, in connection with the contributions as author designation.
The user contributions, personal information and photos and their content may not be illegal, obscene, offensive, threatening or insulting, violate the intellectual property of third parties or invade the privacy of others. Please note that with regard to photos and user contributions, the provisions of copyright law must not be violated. Your User Submissions must not contain viruses, political content or advertising messages. You may not send chain letters, mass mailings or any form of "spam". User contributions may only be submitted under your name or your user name and not under false names or the names of third parties.
Booxli takes no responsibility and no liability for content published by Booxli users within the Booxli services. You are liable for all user contributions submitted by you and are obliged to indemnify Booxli from all claims made by third parties regarding the user contributions submitted by you and their content.
Booxli reserves the right to remove or change User Posts, but is not obliged to check the User Posts for accuracy and legality.
Booxli reserves the right to allow you access to certain areas of your user account only under certain conditions.
10. Fees
You confirm that we may charge your means of payment indicated in your Booxli user account for all Booxli content, accessories and related additional amounts (including taxes and late payment fees, if applicable) (hereinafter "Booxli Purchase Fees") that are incurred in connection with purchases made by you. All Booxli purchase fees will be charged to the payment method that you deposited during the registration. If you want to name another means of payment (e.g. another credit card), you have to change your payment information online under "My Profile" within the Booxli Services or by contacting the Booxli Customer Service. You may temporarily not be able to use the Booxli services to the full extent until Booxli has verified the new payment method information. You agree that Booxli may use all available legal means to collect Booxli purchase fees if our attempts to charge your credit card fail for any reason. This also includes collection and legal fees.
11. Infringement of intellectual property rights
Booxli respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Notification of Copyright Infringement Procedure.
12. Product descriptions
We make every effort to ensure that product descriptions are as accurate and correct as possible. Unfortunately, we cannot guarantee that product descriptions or content are always accurate, complete, reliable, current or error-free. If you notice any errors in product descriptions or content in the Booxli services, please write to us at service@booxli.com and attach the following information to your email:
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- Where did you notice the error?
- Which error did you notice?
- If necessary, add references and sources for correction.
13. Booxli Software Conditions
In addition to these Terms of Use, with regard to all software (including updates and upgrades of the software and related documents) (hereinafter referred to as "Booxli software"), which we provide to you from time to time in connection with the use of the Booxli services, the conditions listed in Section V. Copyright Infringement Reporting Policy apply.
14. Other providers
We may offer content from providers other than Booxli and may allow providers other than Booxli to provide services or sell products related to the Booxli Services. We may also provide links to the websites of affiliated companies and certain other companies through the Booxli Services. Booxli is a distributor for third party content, not an editor, and is not responsible for reviewing or evaluating this content. We do not give any guarantee for the offers of any of these companies or individuals, nor for the content we receive from them or that is provided on their websites. Booxli assumes no responsibility or liability for the actions, products and content of third parties. You should therefore check their privacy policy and other terms of use carefully.
15. Removal of Booxli content or other materials
We reserve the right to remove or block access to Booxli content or other materials sent to you or otherwise displayed on the Booxli services, including content that infringes or allegedly infringes the copyright or other intellectual property, proprietary or other rights of any person, company or other rights holder. We are not responsible for removing or blocking access to Booxli content or materials.
16. Extraordinary termination
Booxli may at any time and in its sole discretion terminate your right to use the Booxli applications, the Booxli services, individual or all Booxli content and/or your Booxli user account, if Booxli determines in its sole discretion that you have violated these Terms of Use or any other policy or condition set on the Booxli applications or any policy or condition applicable to the Booxli services.
17. Modification, adjustment and termination of Booxli
Times change. Therefore it is quite possible that we have to change or adapt our Booxli services in the course of changes. Therefore, we reserve the right to change and adapt our Booxli services and to suspend or discontinue our Booxli services and/or your use of the Booxli services, the Booxli contents and the Booxli applications or parts of them temporarily, partially or completely. If we exercise this right, you may be entitled or partially entitled to a refund or compensation, for example if you have taken out a subscription.
Any claim or partial claim for a refund or compensation must be actively submitted by you to the address given in paragraph 22 and registered accordingly. We will inform you about changes, adjustments or the termination of the Booxli services, the use of the Booxli services, the Booxli content and the Booxli applications as soon as possible in our Booxli applications.
18. Liability of Booxli
Booxli is liable without limitation if the cause of damage is based on intent or gross negligence. Furthermore, Booxli is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you regularly rely. In this case Booxli is only liable for the foreseeable, contract-typical damage. Booxli is not liable for the slightly negligent breach of other obligations than those mentioned in the above sentences.
The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after the acceptance of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
As far as the liability of Booxli is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
19. Applicable law and jurisdiction
For all legal relations between you as a Booxli user and Booxli, the law of the Federal Republic of Germany applies exclusively, excluding the provisions of the Uniform International Sales Convention (CISG). Exclusive place of performance for contractual obligations is the business location of Booxli.
Since we always strive to solve disagreements together, we prefer in case of disputes to discuss your concerns directly and personally with you and to find an amicable solution. Therefore, please contact us immediately and directly at the address mentioned in paragraph 22 and tell us your request. We will then enter into dialogue with you as soon as possible. We do not participate in consumer arbitration proceedings.
20. Guidelines for the use of the Booxli services, changes and severability clause
Please also pay attention to the other terms and conditions, such as our Terms and Conditions of Sale, which govern any purchase you make through the Booxli Services, as well as the Terms and Conditions for Gifts and Vouchers. From time to time it may be necessary to update, adapt or amend the Terms and Conditions, in particular the Terms of Use or Sales Terms. Booxli will inform you in a suitable form about significant changes to the conditions. We have the right to change these Terms of Use, the Additional Terms and the Privacy Policy at our sole discretion. If we change the present conditions in essential points, we will inform you in advance in an appropriate form about the expected changes. You then have the right to object to the changes to the terms and conditions. If you wish to object to the changes, please inform us by e-mail, fax or letter within 14 days. If you do not object to the changes within 14 days, the changes will be considered approved and the new version of the conditions will be considered accepted. Each time we inform you about expected changes, we will remind you of your right to object to the changes. If any term or provision in any policy in the Booxli Applications or in these Terms of Use is found to be invalid, void or unenforceable for any reason, that term or provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
21. Infringing contents
Through our Booxli services we offer you many contents and products. For each product we constantly store new user comments and ratings. Due to the large number, it is unfortunately not possible for us to know all contents, comments and ratings continuously and immediately. If you become aware of a content, comment or rating that you believe to be illegal or violates our comment rules, please inform us immediately. In this case please write to us at mail@booxli.com and attach the following information to your email:
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- What did you notice?
- Where did you notice it?
- If necessary, attach a screenshot to your email.
22. Contact us
Booxli GmbH
Kirschgartenstraße 37
69126 Heidelberg
Web: booxli.com
Mail: mail@booxli.com