This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the www.bookmarkapp.co website and/or Bookmark mobile application. The domain name www.bookmarkapp.co (hereinafter referred to as the "Website") and the mobile application Bookmark (hereinafter referred to as the "Application") are owned by Bookmark, a company incorporated under the Companies Act, 2013 (hereinafter referred to as "Bookmark").

By accessing or using the Website/Application, the Bookmark Service, or any other applications (including mobile applications) made available by Bookmark (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned and controlled by Bookmark. You are suggested to go through these terms before using Bookmark. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

For the purpose of these Terms of Use, wherever the context so requires, "You," "Your," or "User" and variants thereof shall mean any natural or legal person who has agreed to become a user of the Service by providing Registration Data while registering on the Service using a computer system. The term "We," "Us," "Our," and variants thereof shall mean Bookmark.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Bookmark policies (including but not limited to Privacy Policy available on Privacy Policy as amended from time to time (together referred to as "Bookmark Policies").

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Service following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

BASIC TERMS:

1. You must be at least 18 years old and of firm competence to contract to use the Service.

2. You are responsible for ensuring that in Your use of the Service, Your action or omission is not contrary to any law for the time being in force. You are not allowed to post violent, discriminatory, plagiarized, promotional, unlawful, infringing, trolling, hateful Content via the Service. For the purposes of clarity, Content refers to any data, text, information, usernames, works of authorship, links, and other content or materials, including information that the User posts and/or uploads onto the service, such as but not limited to the write-ups, photographs, graphics, videos, and any other information formats that may become shareable via the Service from time to time (collectively “Content”). You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that –

a. belongs to another person and to which the user does not have any right;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harms minors in any way;
d. infringes any patent, trademark, copyright, or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
i. 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 offense or prevents the investigation of any offense or is insulting any other nation.

3. Breach of these Terms of Use on Your part would lead to a removal of any and all of Your Content and revoke Your posting rights. Repeated breach will lead to a permanent account ban, and You may not be permitted to access the Service ever again.

4. You are responsible for any activity that occurs through Your account, and You agree You will not sell, transfer, license, or assign Your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Bookmark prohibits the creation of and You agree that You will not create an account for anyone other than Yourself. You also represent that all information You provide or provided to Bookmark upon registration (“Registration Data”) and at all other times will be true, accurate, current, and complete, and You agree to update Your information as necessary to maintain its truth and accuracy.

5. When You use the Service or other data, information, or communication to Us, You agree and understand that You are communicating with Us through electronic records, and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

6. You agree that You will not solicit, collect or use the login credentials of other Bookmark Users. You must take responsibility for keeping Your username and password safe and secure.

7. You must not post private or confidential information via the Service, including, without limitation, Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses. You are requested to maintain discretion before adding users on other social networking platforms or sharing phone numbers. Bookmark shall not be responsible for any harassment the User suffers from other users on the Service or any other platform(s). Please approach the support of those platforms and use the block feature on Bookmark to disable them from interacting with You. You are responsible for any post related to self-harm that You post on the Service. Bookmark is not liable for any injury or damage that occur either before, during, or after Your use of the Service.

8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to Your use of the Service and Your Content, including but not limited to copyright laws.

9. You are solely responsible for Your conduct and Content that You post on Bookmark.

10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or not modify or alter the Service or modify another website so as to falsely imply that it is associated with Bookmark.

11. You must not interfere or disrupt the Service or servers/networks connected to the Service, including by transmitting worms, viruses, spyware, and malware or any other code that is destructive or disruptive in nature. Interfering with the display of any Bookmark’s page in a User’s browser or device is illegal.

12. You shall not create accounts on Bookmark using unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper is not allowed.

13. Bookmark reserves the right to distribute Your Content posted on Bookmark through its social media handles, with due credits to the User.

14. You must not attempt to restrict another user from using or enjoying the Service, and You must not encourage or facilitate violations of these Terms of Use or any other Bookmark Policies.

15. Violation of these Terms of Use may, in Bookmark’s sole discretion, result in the termination of Your Bookmark account. We are not responsible for any Content that is posted on Bookmark. If You violate the Terms of Use, or create risk/possible legal exposure for Bookmark, we can stop providing all or part of the Service to You.

TERMS FOR BOOKMARK PLUS:

In addition to the aforementioned terms, the following provisions are applicable with respect to Users who have purchased or upgraded to the Bookmark Plus Subscription.

1. Plus Subscription is Non-refundable & Non-transferable
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Users upgrading to Bookmark Premium through either Android or iOS or booking a unique hashtag will not be able to get the amount refunded once the payment is made. The subscription won’t be transferred to any other user once purchased. If the subscription fails to go through despite the payment being made and received by our payment partners Google, iTunes, or Razorpay, we might make an exception. Write to hi@bookmarkapp.co in case you have issues with your payments or show immediate remorse within 6 hours of purchase.

2. Google Play Premium Purchase
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‍A purchase once applied to your Google Play account will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your Google Play account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription.

3. iTunes Premium Purchase
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‍A purchase once applied to your iTunes account will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription.

4. Book, E-books & Booklet purchase
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‍Physical books offer a standard 10% royalty from sales. Most of the cost of the book goes towards printing, binding, and delivery across India, which is included in the cost. E-books are designed as a premium feature and work like paid stories. They offer the same royalty slabs as paid stories: 30% for non-premium users and 80% for the premium user. We use Razorpay for the payments, and once the payment is made, we don’t refund the amount. If you choose not to receive the product, the amount will be forfeited. In case of any doubts or issues, please write to us at hi@bookmarkapp.co

5. GST Policy
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‍The Users upgrading to Bookmark Premium will have their payments include the GST in it. No separate GST will be billed to the user. The users upgrading to the wallet will not have GST included in their wallet amount. The GST will be paid by Bookmark on behalf of the user, and Bookmark will recover the GST from the user in the future peer-to-peer payments within the app by charging a standard levy of 20% fees (where 18% goes towards GST, and 2% is towards Razorpay service fee).

GENERAL TERMS​:

1. Bookmark reserves the right to alter or terminate the Service or your access to the Service for any reason, without notice, at any time, and without any liability to you. You can deactivate your Bookmark account at your discretion. If we terminate your access to the Service or you delete your account, your Content, including work, comments, likes, friendships, and all other data, will not be accessible to anyone (e.g., Users will not be able to navigate to your username and view your work). However, we may archive certain information, including Personal Information, and retain it as we may be required to do in order to fulfill our legal obligations.

2. Bookmark reserves the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. We may notify you before the Updated Terms become effective. You should review these updated Terms of Use prior to using Bookmark. The Updated Terms will take effect from the time they are updated or from sometime later as mentioned in the update. These Terms of Use will govern any disputes arising prior to the effective date of the Updated Terms. Bookmark reserves the right to deny access to the Service to any User for any reason at any time. We may remove, edit, and/or monitor content or accounts we believe violate these Terms of Use.
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3. Bookmark reserves the right to force forfeiture of any username, profile, or account for any reason at any time.

4. Bookmark is not responsible or liable for the conduct of any of its Users, be it online or offline. You will be responsible for your interactions with other Bookmark users on or off the Service. We reserve the right but we are not obliged to monitor or get involved in disputes between you and other users. A User should use their common sense and best judgment while interacting with other Bookmark users.

5. Your business dealings with third parties found on Bookmark are solely between you and the third parties.

6. You take responsibility for any and all data charges that incur on using Bookmark.

7. We prohibit crawling, scraping, caching, or otherwise accessing any Content on the Service via automated means, including but not limited to user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Bookmark’s express written consent).

8. You further undertake to submit to the jurisdiction of courts in Bengaluru for any action arising from the breach of these Terms of Use, other Bookmark Policies, violation of the IT Act and/or other laws, pursuant to your usage or access of the Service.

RIGHTS:

1. Bookmark does not claim ownership of any Content that a User posts on the Service. Instead, you hereby grant to Bookmark a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy, available at Terms of Service.

2. You agree that: (i) you own the Content posted by you on Bookmark or otherwise have the right to grant the right/licenses for it as set forth in these Terms of Use; (ii) your Content must not infringe on the rights of other Users, including, without limiting to privacy and publicity rights, copyrights/trademark, and/or other intellectual property rights.

3. Bookmark has content that is owned by Bookmark (“Bookmark Content”) and is protected by copyright, trademark, patent, and other relevant laws. You will not modify, remove or conceal any copyright, trademark, service mark, or any other proprietary rights notice that accompanies Bookmark Content. You will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, publish, transmit, sell, license, or otherwise exploit the Bookmark Content.

4. Bookmark’s name and logo are trademarks of Bookmark and must not be copied or used, in whole or in part, without our prior written permission. In addition, custom graphics, all page headers, button icons, and scripts are service marks, trademarks, and/or trade dress of Bookmark and must not be copied or used, in whole or in part, without prior written permission from Bookmark.

5. The Service may be interrupted for upgrades or scheduled maintenance, for emergency repairs, or due to the failure of telecommunications links and/or equipment. Bookmark reserves the right to remove your Content from the Service without any reason, without any prior notice to you. Content removed from Bookmark may be stored by us but may not be accessed by you without a valid court order. Bookmark encourages you to maintain your own backup of your Content. We are not a backup service, and you will not rely on us for the purpose of Content backup or storage. We will not be liable for suspension, modification, or discontinuation of Service, or any loss of Content. You also acknowledge the fact that the Internet may be subject to security breaches and that the submission of Content or other information may not be secure.

6. You agree that we are not responsible for and do not endorse any Content posted on Bookmark. Bookmark does not have any obligation to monitor, prescreen, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for it. By accepting these Terms of Use and using Bookmark, you agree to indemnify, save, and hold us, the company, its affiliates, contractors, employees, officers, directors, agents, and its third-party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including, without limitation, legal fees and expenses, arising out of or related to your use or misuse of the Services or of Bookmark, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, the Company, including rights to settle, and you agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of your acceptance of these Terms of Use.

7. All Content posted by the Users will be non-confidential and non-proprietary. We will not be liable for any use or disclosure of any Content that you provide.

REPORTING COPYRIGHTS/IP INFRINGEMENTS:​

1. You can report posts to protect your intellectual property rights.

2. If you are caught in the act of infringing on others' Content, we will disable your account.

DISCLAIMER OF WARRANTIES:

The Service, including, without limitation, Bookmark Content, is provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by law, neither Bookmark nor any of their employees, managers, officers, or agents (collectively, the “Bookmark Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Bookmark Content; (c) User Content; or (d) security associated with the transmission of information to Bookmark or via the Service.

In addition, the Bookmark Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer viruses. The Bookmark Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses.

The Bookmark Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your sole risk. Bookmark Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the Bookmark Parties specifically disclaim such warranties.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Use.

By accessing or using the Service, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service. Bookmark Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any content.

LIABILITY LIMITATIONS & WAIVER:

Under no circumstances will Bookmark Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to: (a) Service; (b) Bookmark Content; (c) User Content; (d) your use of, inability to use, or the performance of the Service; (e) any action taken in connection with an investigation by Bookmark Parties or law enforcement authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology, including, without limitation, damage from any security breach or from any viruses, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if Bookmark Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability, or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service).

In no event will Bookmark Parties be liable to you or anyone else for loss, damage, or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You agree that in the event you incur any damages, losses, or injuries that arise out of Bookmark’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product, or other content owned or controlled by the Bookmark Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition, or exploitation of any website, property, product, service, or other content owned or controlled by Bookmark Parties.

Bookmark is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

GRIEVANCES:

If you wish to register a complaint regarding X, you may do so by sending an email to hi@bookmarkapp.co and your email will be acknowledged by a system-generated response, or via an individual manual email to the extent possible, within 24 hours of us having received it. You will be kept informed of the progress we make in redressing your complaint and/or the reasons for delay, if any, in such redressal.

Email ID: hi@bookmarkapp.co