1. General provisions
These terms and conditions apply to the use of the Fabely platform, which is operated by Bookwire GmbH. On Fabely, users can create profiles and share recommendations for audiobooks with other registered users. By registering and using the platform, users accept these terms and conditions.
2. Registration and login
To use Fabely's services, users must register and create a user account. This includes providing a name, email address and a username, which does not have to be a real name. Registration and use are free of charge.
3. User profiles
The user has the option of entering a short biography in their profile to introduce themselves to the community. All user profiles are publicly visible. Users are advised that by creating a profile, they are sharing information with other users. The user can upload a profile picture to their user profile; this does not have to be a picture of themselves.
The following data about your user profile is stored by us:
If you later decide to delete your user profile, this data will also be completely deleted and cannot be restored. After deletion, only an anonymous log file remains, stating that a user has been deleted.
4. Verified users
Verified users are those whose identity has been checked and confirmed by the Fabely operators. Verified users are marked with a symbol (blue tick in a circle). Users who want their profile to be verified can send a request to hello@fabely.com. The Fabely operators reserve the right to process the requests at their own discretion.
5. Lists
Users can create lists on Fabely that are either private or public and visible to all Fabely users. By default, lists are set to be publicly visible. Users can change the visibility to private by clicking on the lock symbol. Each list or recommendation can be provided with a personal comment (‘Your Reason’). Users have the option to follow other users and subscribe to their lists in order to be informed about their activities.
6. Notifications
Users receive notifications when there are updates to the lists or content created by the users they follow. The platform informs users about updates and activities of the users they follow to encourage interaction within the community.
7. Social media links
Users can provide their social media links in their profiles to highlight their identity and their activities on other platforms.
8. Newsletter
By registering for the newsletter, users agree to receive regular information about the platform and promotional material.
9. Intellectual property
All content provided on Fabely is protected by copyright. In addition to images and logos, this applies in particular to audio samples of audiobooks and radio plays. These audio samples may only be used within Fabely. Downloading and/or distributing the audio samples outside of Fabely is expressly not permitted.
Fabely reserves all intellectual property rights in the services provided. Trademarks and logos used in connection with the services are trademarks of their respective owners. The trademark ‘Fabely’, and other trademarks, service marks, graphics and logos of Fabely used on our services are trademarks or registered trademarks of Bookwire GmbH.
Content uploaded by users to Fabely remains the property of the respective user. However, by uploading content, Fabely is granted the right to use this content in connection with the platform. Users are responsible for ensuring that they do not violate the copyrights of third parties.
10. Affiliate Links
The platform may contain links to partner programmes for which Fabely may receive a commission. These affiliate links are marked as such with an *addition. They do not incur any costs for users.
11. Disclaimer
FABELY/ BOOKWIRE GMBH MAKES NO WARRANTY OR GUARANTEE REGARDING THE SERVICES AND DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES (INCLUDING CONTENT AND INFORMATION) ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FABELY/BOOKWIRE GMBH EXCLUDES ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING IMPLIED WARRANTIES OF TITLE, ACCURACY DATA, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (AND TO THE EXTENT NOT SUPERSEDED BY A SEPARATE WRITTEN AGREEMENT ENTERED INTO BY FABELY/BOOKWIRE GMBH THAT SUPERSEDES THIS AGREEMENT), FABELY/BOOKWIRE GMBH SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT OR BUSINESS OPPORTUNITIES, REPUTATIONAL HARM (FOR EXAMPLE, OBJECTIONABLE OR OFFENSIVE STATEMENTS), LOSS OF DATA (FOR EXAMPLE, Downtime or loss of or changes to your information or content) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT.
13. Applicable law
As far as this is permissible within the framework of the applicable laws, the parties agree on the applicability of German law.
14. Changes to the terms of use
Fabely reserves the right to change these terms of use at any time. Users will be informed of significant changes.