These Bookmark App Market Terms of Use (hereinafter referred to herein as, these "App Market Terms") are a legal agreement by and between Bookmark Your Life Inc. (hereinafter referred to as “Bookmark” or with "us" or "we") and each end user (hereinafter referred to herein as “you” or as a “User” and with “your”) and set forth the terms and conditions that will govern your use of any software application functionality or services provided by Bookmark through Bookmark’s application marketplace (hereinafter the “App Market”) and of each mobile application made available from the App Market (hereinafter referred to herein as an “App(s)”). Please note that these App Market Terms are in addition to and should be read together with the Terms of Service which also govern the use of the Apps or of the provision of additional Bookmark Services and are hereby incorporated by reference. Further, Bookmark recommends review of its Privacy Policy. Collectively, the Terms of Service, Privacy Policy, and these App Market Terms shall be referred to as the “Bookmark Terms”.

In order to use any App, you must agree to be bound by these App Market Terms. Further access or use of the App Market or any App or other acceptance to the Terms of Service or these App Market Terms, whichever occurs first, shall constitute your acceptance of the Bookmark Terms. Please read the Bookmark Terms. Moreover, the Bookmark Terms shall apply to all visits that you make or activities you conduct or undertake at or through the App Market (or an App therefrom). If you do not wish to comply with the Bookmark Terms, you are not permitted to access or use the Apps and should immediately cease any use and uninstall and delete or destroy any Apps or other related materials you have in your possession or control.

1. Using and Installing Apps

   The App Market offers to Users the opportunity to license and then access and install particular Apps for use with the Website services that Bookmark offers. Many of the Apps are developed, offered, provided, and licensed to you by third party developers or licensors (with such entities hereinafter referred to collectively as “Third Party Developers”). Apps offered and provided by Bookmark shall be expressly noted, with all other Apps offered and provided by Third Party Developers.

   From time to time, we may offer to Users sales, credit point, or other promotions that may be utilized in the App Market. Please note that in the event of any promotion, Bookmark may subsequently modify or discontinue any such promotions at any time. Additional terms applicable to such promotions shall be separately provided with each such promotion, and Bookmark may otherwise provide notice of any modification by direct communication with its Users or through general announcements offered through the App Market. Subject to your compliance with the Terms, Bookmark hereby grants to you through these App Market Terms a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the App Market for the sole purpose of browsing, locating, or purchasing a license to Apps offered by Bookmark or its Third Party Developers. All rights not expressly granted by Bookmark are hereby reserved. Accordingly, you are hereby prohibited from using the App Market in any manner that is not expressly and unambiguously authorized by these App Market Terms. Bookmark shall own all right, title and interest in and to the App Market and Bookmark or its Third Party Developers shall own all right, title, and interest in and to the Apps offered to Users, including without limitation all applicable intellectual property rights in the Apps.

   BOOKMARK IS NOT AFFILIATED WITH OR RESPONSIBLE FOR THE CONTENT, FUNCTIONALITY OR PERFORMANCE OF ANY APP OFFERED BY A THIRD PARTY AND YOUR USE OF ANY SUCH APP IS AND REMAINS AT YOUR OWN RISK. ALL THIRD PARTY DEVELOPERS ARE INDEPENDENT PARTIES FROM BOOKMARK.

   BOOKMARK HAS NO CONTROL OVER AND SHALL THEREFORE ASSUME NO RESPONSIBILITY FOR ANY APP AND ITS CONTENT, FUNCTIONALITY, PRIVACY POLICY OR TERMS OF USE (AND THE PRESENCE, DISPLAY, TERMS, CONDITIONS, OR POLICIES OF SUCH PRIVACY POLICY OR TERMS OF USE), AND AVAILABLE OR RELATED PRODUCTS OR SERVICES. You hereby acknowledge and agree that Bookmark is not responsible and does and will not have any liability for any App offered by a Third Party Developer. Further, in no event shall any reference to any Third Party Developer or any App offered by a third party be construed as endorsement by us of that third party, of that App, or of any product or service provided by such third party on or through such App. Please review the particulars for each App in order to determine the applicable entity that offers, provides, and licenses the App. Bookmark is merely an intermediary offering the opportunity for Users to access and use the Apps, and access to and use of the App Market shall not be construed as making Bookmark a publisher, provider, or licensor of any App that Bookmark does not expressly state that it offers and provides through the App Market.

   The App Market or the Apps in the App Market may also contain links to third party websites (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by Bookmark and are owned, controlled and/or maintained solely by third parties over whom Bookmark exercises no control. In addition, Bookmark may in its sole discretion provide third party content on the App Market (“Third Party Content”). Such Third Party Content is created, edited, published, maintained and transmitted by third parties. Accordingly, Bookmark hereby expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Content appearing on the App Market, or (ii) the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links in the App Market. Moreover, the Third Party Sites and Third Party Content do not imply an endorsement by Bookmark with respect to any third party, any third party content, any website, network, page, or the products or services provided by any third party.

   In addition, the Apps in the App Market may allow for access to certain third party services, including, without limitation, API platforms, marketing and advertising services, social network platforms, publication and delivery services, e-commerce services, and other services (with such third party services hereinafter referenced collectively as "Third Party Service(s)"). In connection with utilizing any Third Party Service, please note that you may need to accept additional updates or upgrades to certain Apps from time to time in order to continue your use of the App or use of the App through the App Market. In connection with utilizing any Third Party Service, please also note that such Apps may collect or use certain data, including personally identifiable information. Please review the respective privacy policies offered by each App.

   Bookmark is not responsible and does and will not have any liability for any Third Party Service.

   Please also note that Bookmark may terminate its use of or any App Market’s utilization (and any App’s (available therefrom) utilization) of any Third Party Service in its sole discretion at any time and with or without notice to you. Any such termination may result in the inability to utilize certain features of the App offered through the App Market. Further, Bookmark is not responsible for such termination.

   By downloading, accessing, or using the App Market, you represent and warrant that (i) you are at least 18 years of age or the legal age of majority; (ii) you will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Bookmark through the App Market; and (iii) pay all required fees through any payment method prescribed and/or permitted by Bookmark, including, without limitation, through a credit card or any online payment processing service. Any breach of the foregoing representations and warranties entitles Bookmark to immediately terminate the Bookmark Terms and/or seek any and all remedies available at law or equity.

   Registration for access to and use of the App Market may require both a user name and a password and adherence to other particular access requirements as designated by Bookmark in its sole discretion from time to time for your account. You hereby agree to consider your user name and password as confidential information and not to disclose such information to any third party without the prior express written consent of Bookmark, which may be withheld in its sole discretion. You shall immediately notify Bookmark if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Bookmark will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. These App Market Terms provide only a limited license to access and use the App Market. Accordingly, you hereby agree that Bookmark transfers no ownership or intellectual property interest or title in and to the App Market to you or anyone else in connection with your use of the App Market. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the App Market are exclusively owned, controlled, and/or licensed by Bookmark or its members, parent(s), licensors, or affiliates. BOOKMARK and all other names, logos, marks, and icons identifying Bookmark and its products, and/or services are owned exclusively by Bookmark, and any use of such marks without the prior express written permission of Bookmark is hereby expressly prohibited. Other trademarks or service marks identified on or through the App Market may be the trademarks or service marks of third parties, including Third Party Developers.

   Any review, feedback or other submissions you make to Bookmark on or through the App Market, including, without limitation, any information you provide to Bookmark through any registration process and/or forum (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and license for Bookmark to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

2. Payment Terms, Cancellations and Refunds

   1. Free Apps and Consideration for Using the Apps

      Apps, whether offered by a third party or by Bookmark, may be provided for with or without a fee. In addition, both Bookmark and Third Party Developers may impose, in its and their sole discretion, additional conditions or limitations on your access and use of certain Apps. Such additional conditions or limitations shall be identified or provided by notice in connection with each applicable App. In the event use of an App requires a certain fee(s), applicable fees or conditions shall be further identified or provided by notice in connection with each applicable App. Please note that purchasing of the App is generally final, and no returns, replacements or refunds will be permitted. Bookmark, however and in its sole discretion, may refund the purchase of an App if the App does not work properly. Such refund does not and will not include any obligation to issue the same or similar refund in the future. Pricing and availability of any and all Apps remains subject to change at any time in Bookmark or Third Party Developer’s sole discretion and particularly for changes due to your designated country on your billing account. The App Market shall identify the then current fee, availability, or applicable terms, conditions, or limitations, at the time of download or access. There may also be some technical challenges in the conversion rates of certain currencies. If you encounter such difference, you may contact us at support@bookmark.com and Bookmark will address such payment issue on a case-by-case basis. You are solely responsible for the payment of all fees and taxes (in each case, if any) for any App that you obtain from the App Market. Moreover, when you indicate that you wish to license an App, you hereby authorize Bookmark to charge your credit card, debit card or other payment method you have specified in your account for any and all fees and taxes payable for such App from time to time, and as and when such payments become due. Please note that for Apps from Third Party Developers, Bookmark shall serve only an intermediary role in facilitating or collecting the applicable fees and taxes from you.

   2. Price Changes.

      Apps, When you license an App that requires a fee payment, please note that Bookmark or the Third Party Developer shall apply the fee in effect at the time of download or request to license the App (or one if its features). Bookmark shall identify or provide notice of the applicable fee at the time of download or request for license. Bookmark and its Third Party Developers reserve the right to change the fees owed for any App (or one of its features). If Bookmark or the Third Party Developer later increases an on-going subscription or other periodic fee for an App, the increase will apply against the next payment due. For Apps requiring an on-going subscription or other periodic fee, if you do not wish to continue being assessed a fee for use of the App, you may delete and otherwise stop all use of the App and provide Bookmark with notice thereof using support@bookmark.com. Following such deletion and the provision of notice to Bookmark, you will not be charged further amounts for the App, provided you have notified us before the end of the current billing period. You will not receive a refund for the current billing period.

3. Data

   1. Data Collection

      The use of the App Market and any of the Apps may provide Bookmark with data relating to the download, use and performance of an App or Apps, as well as information regarding your use of the App and the App Market. For example, the use of an App from the App Market may provide Bookmark with data about the device type, network connectivity, location of the device running an App, information about when an App is launched, individual session lengths for Apps, or why an App may not be working.

   2. Data Protection.

      Bookmark recommends, and in some circumstances requires, that all Third Party Developers for the Apps in its App Market post a privacy policy or other statement describing the applicable App’s privacy practices regarding how personally identifiable information is collected, shared, and used by or through an App and its respective App provider, whether Bookmark or a Third Party Developer. Please note that any data collection will be pursuant to the privacy policy or statement of the provider of such App. Moreover, please note that Bookmark does not review and is not responsible for the practices of any Third Party Developer. Bookmark shall not be responsible for the privacy policy or statements of any Third Party Developer. Bookmark encourages you to read not only the Bookmark Privacy Policy but also the relevant available privacy policies of Third Party Developers for each of your Apps. In addition, by installing an App, you hereby acknowledge and agree that you are solely responsible for your own compliance with applicable privacy restrictions, laws and regulations, including for your own use of an App(s) and other data activities you may conduct or may permit third parties to conduct.

      For more information about collection and sharing of data by Bookmark through the App Market, please read Bookmark’s Privacy Policy.

4. Use of and Restrictions on Apps

   1. Restrictions on App Usage.

      Any actual or attempted use of the App Market by you in violation of these App Market Terms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Protecting Canadians from online crimes Act of 2014 under Canada federal law. Bookmark reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the App Market (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the App Market. Bookmark may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. Bookmark will also disclose User Information as required by any court order and/or subpoena. In addition, Bookmark hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the App Market, or any portion thereof, in order to protect the App Market, Bookmark, or the business interests of Bookmark and/or its members and affiliates.

   2. Removal or Unavailability of Apps.

      All Apps are only available to you in the App Market for long as Bookmark has the right to make such App available or, in the case of Apps provided by Bookmark, for as long as Bookmark determines, in its sole discretion, to make its own App available. Bookmark therefore reserves the right to remove or suspend the availability of any App from the App Market for any reason and with no obligation to provide any explanation or notice. Please review the App Market from time to time to determine current App availability. In addition, if for some reason your account at Bookmark was disabled or accessed in an unauthorized manner, then you may be prevented from accessing the App Market or any files or any Apps that are associated with your Bookmark account. Bookmark does not provide any representation, warranty, or guarantee regarding its ability to store any data with or as a part of the App Market (or any App available therefrom). Please keep a back-up of any data that may be stored with the App Market (or any App). Bookmark will not be responsible for any lost data for any reason.

   3. Disclaimer of Warranty.

      BOOKMARK PROVIDES THE APP MARKET AND ALL APPS, WHETHER DEVELOPED BY BOOKMARK OR A THIRD PARTY DEVELOPER, ON AN "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS, INSTALL, OR USE AN APP, YOU DO SO ON A VOLUNTARY BASIS AND BEAR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AS APPLICABLE TO THE APP MARKET (AND ANY APP AVAILABLE THEREFROM),BOOKMARK DISCLAIMS ALL WARRANTES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.

   4. Limitation of Liability.

      IN NO EVENT IS BOOKMARK LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING SUCH DAMAGES IN THE NATURE OF LOST DATA, PROFITS, OR REVENUE, EVEN IF BOOKMARK KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. MOREOVER, FOR ANY AND ALL DAMAGES OR LIABILITY, BOOKMARK WILL NOT BE HELD LIABLE FOR THE USE OF THE APP MARKET OR APPLICABLE THAT GAVE RISE TO THE DAMAGE FOR MORE THAN THE AMOUNT PAID BY YOU TO BOOKMARK DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

   5. Changes

      BOOKMARK MAY MODIFY THE BOOKMARK TERMS, INCLUDING THESE APP MARKET TERMS, AT ANY TIME. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON BOOKMARK WEBAPP MARKET OR PROVIDING DIRECT NOTICE THROUGH EMAIL TO THE ADDRESS YOU PROVIDE. YOUR USE OF THE APP MARKET, INCLUDING ACCESS TO ANY APP AVIALABLE THEREFROM, FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES AND CONTINUED ACCEPTANCE OF THESE APP MARKET TERMS (THEN IN EFFECT). BOOKMARK RECOMMENDS THAT YOU REVIEW THE BOOKAMRK TERMS, INCLUDING THESE APP MAREKT TERMS, ON A PERIODIC BASIS.

5. Miscellaneous

   1. Waiver & Severability.

      Bookmark’s failure to insist upon strict performance of any of the terms and conditions of these App Market Terms by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these App Market Terms is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of these App Market Terms shall continue in effect.

   2. General

      These App Market Terms have been made in and will be construed and enforced in accordance with the laws of the Province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and Bookmark that arises in whole or in part from the Bookmark website shall be decided exclusively by a court of competent jurisdiction located in Ontario, Canada. YOU AND BOOKMARK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE APP MARKET TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

      No joint venture, partnership, employment, or agency relationship exists between you and Bookmark as a result of these App Market Terms or your utilization of the App Market. Headings are for convenience only. These App Market Terms along with the Bookmark Terms represent the entire agreement between you and Bookmark with respect to use of the App Market, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and Bookmark with respect to the App Market. You may not assign or transfer any rights under these App Market Terms without the prior express written consent of Bookmark, which may be withheld in Bookmark’s sole discretion.