This mobile application (the “App”) is made available by Bonologue Productions
(“Bonologue”, “us”, “we” or “our”).
You, the user of the App, confirm your acceptance of these App terms of use (“App
Terms”). If you do not agree to these App Terms, you must immediately uninstall the App
and discontinue its use. These App Terms should be read alongside our Privacy Policy.
Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms
by clicking to accept or agree to the Terms where this option is made available to you
by Bonologue in the user interface. If you do not agree to all these Terms, then you may
not access the website or use any services.
Bonologue reserves the right to review, change and update any of the Terms at any time
at its sole discretion. Any new features or tools which are added to the Application
will also be subject to theseTerms. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes acceptance of
those changes.
You can review the most current version of these Terms at any time by visiting this
page.
Copyright and Intellectual Property
Unless otherwise indicated, the Intellectual Property Rights in the Application, the
content and any other Intellectual Property arising out of your use of the Application,
are the exclusive property of Bonologue.
All the 3rd-party content in the App are owned by their sole owners.
Bonologue does not grant you any other rights whatsoever in relation to the Application
or the related Intellectual Property. All other rights are expressly reserved by
Bonologue.
Bonologue retains all rights, title and interest in and to the Application and all
related Intellectual Property. Nothing you do on or in relation to the Application will
transfer any Intellectual Property Rights to you. You may not, without the prior written
permission of Bonologue and the permission of any other relevant rights owners:
broadcast, republish, up-load to a third party, transmit, post, distribute, show or play
in public, adapt or change in any way the content or third party content for any
purpose, unless otherwise provided by these Terms. This prohibition does not extend to
materials on the Application which are freely available for re-use or are in the public
domain.
You hereby assign to Bonologue, upon creation, all Intellectual Property Rights in the
Application and any other Intellectual Property arising from your use of the
Application, whether attributed in whole or in part to you or Bonologue.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions
implied or imposed by law.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
Bonologue will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting from our
failure to meet an applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the
content or these Terms (including as a result of not being able to use the
content or the late supply of the content), whether at common law, under
contract, tort (including negligence), in equity, pursuant to statute or
otherwise.
Use of the Application and the content is at your own risk. Everything on the
Application and the content is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of Bonologue make anyexpress or implied
representation or warranty about the content or any products or content (including the
products or content provided by Bonologue) referred to on the Application. This includes
(but is not restricted to) loss or damage you might suffer as a result of any of the
following:
failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or other
harmful component, loss of data, communication line failure, unlawful third
party conduct, or theft, destruction, alteration or unauthorised access to
records;
the accuracy, suitability or currency of any information on the Application, the
content, or any of its content related products (including third party material
and advertisements on the Application);
costs incurred as a result of you using the Application, the content or any of
the products of Bonologue; and
the content or operation in respect to links which are provided for your
convenience.
We are not responsible if information made available on the Application and on the
Bonologue website is not accurate, complete or current.
Limitation of liability
Bonologue’s total liability arising out of or in connection with the content or these
Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed (at Bonologue’s discretion) the
resupply of the content to you or the equivalent cost of re-supplying the content
Subject to clause 5.1, you expressly understand and agree that Bonologue, its
affiliates, employees, agents, contributors and licensors shall not be liable to you for
any direct, indirect, incidental, special consequential or exemplary damages which may
be incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
Bonologue may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Bonologue is required to do so by law;
Bonologue is transitioning to no longer providing the Services to Members in the
country in which you are resident or from which you use the service; or
the provision of the Services to you by Bonologue, is in the opinion of
Bonologue, no longer commercially viable.
Subject to local applicable laws, Bonologue reserves the right to discontinue or
cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Application or the Services
without notice if you breach any provision of the Terms or any applicable law or
if your conduct impacts Bonologue’s name or reputation or violates the rights of
those of another party.
When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Bonologue have benefitted from, been subject to (or
which have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and
the provisions of this clause shall continue to apply to such rights,
obligations and liabilities indefinitely.
Indemnity
You indemnify Bonologue, its affiliates, employees, agents, contributors, third party
content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with the Application;
any direct or indirect consequences of you accessing, using or transacting on
the Application or attempts to do so; and/or
any breach of these Terms.
Warranties
By accepting these Terms and using the Application, you warrant that:
you will not use the Application for any illegal or unauthorised purpose;
you will not transmit any worms or viruses or any code of a destructive nature
onto the Application; and
you will not use the Application for any other improper or unintended purpose.