Broody.io Terms of Service

Introduction

Thank you for visiting Broody.io. Please read these Terms of Service and our Privacy Policy carefully, as you must agree to both documents in order to have permission to use our Service.

We may revise and update these terms and conditions at any time. Your continued usage of broody.io will mean you accept those changes.

1. Definitions

   Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

   • “Agreement” refers to these Terms of Service;
   • “Service” refers to the services that we provide through our Site;
   • “Site” refers to our website, www.broody.io;
   • “User” refers to anyone who uses our Service, including general visitors to our Site;
   • “We” or “Broody” refers to our company, known as “Naranja Studio LLC”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
   • “You” refers to you, the person who is entering into this Agreement with Broody.

2. Rules regarding content

   You are able to post things on Broody, including text, personal information, contact information, and other content (“content”). You may not upload and/or post any content to the site which is obscene, pornographic or otherwise may offend human dignity; is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry; incorporates the image or likeness of any individual under 13 years of age; encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense; is defamatory; we believe disingenuously using the “testing ground” nature of the site to promote commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers); involves the transmission of "junk" mail or "spam"; contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Broody or otherwise; or itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights). Additionally, Broody does not permit polls with content that suggests the author is not genuinely seeking feedback. Whether or not the content meets these criteria is at the sole discretion of Broody.

   You acknowledge that you are solely responsible for, and bear all liability in relation to, any content that you bring to the Broody site.

   You may not under any circumstances use content or assets (including text, images, or screenshots) from the Broody website that did not originate from you. You may not use them for commercial purposes, nor non-commercial purposes. Any manner of use at all is disrespectful of other Broody users and is an unlawful use of the site.

   Broody reserves the right to terminate your account for any reason, including using content and assets that did not originate from you.

   When you upload content to Broody it can be accessed and viewed by the public. If you do not want such content to be viewed by others, then you should not upload it to Broody. Content or information you choose to publicly display is at your own risk.

   We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any content that you upload or submit to Broody without any incurring liability to you. We have no obligation to display any content that you submit to Broody, nor to check the accuracy or truthfulness of any content submitted to Broody, nor to monitor your use or the use of other users of Broody.

3. Ownership of content

   You retain ownership of any content you upload or submit to Broody, so as long as you are the rightful owner in the first place. Please note though that by posting or submitting content to Broody, you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide license to use such content for our research purposes in a wide variety of ways (including, without limitation, making your content and any data associated with it available to Broody staff or paid helpers, whether in whole or in part and in any format or medium currently known or developed in the future, and publicly sharing numbers or statistics of which you or your content is part).

   We may assign and/or sub-license the above license to affiliates and successors without any further approval.

   By submitting content to Broody you are warranting that you are the exclusive author and owner of that content and you agree that you waive any and all moral rights relating to that content (including, without limitation, the right to be identified as the author).

   We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.

   All remaining content (not uploaded or submitted by users) including text, graphics, user interfaces, trademarks, logos, sounds and artwork on Broody are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.

   Other than in relation to content submitted by you to Broody, you do not have any rights in relation to the content on Broody and you agree that you will not use any content in any manner which may infringe any third party's rights. Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Broody app or site or the content contained on it (other than the content submitted by you) to anyone else.

4. Multiple accounts and users

   You are not permitted to create more than one Broody account for yourself nor to create an account for anyone other than yourself. If we terminate your account for any reason, you are not permitted to create another one without our permission. Failure to comply with these guidelines may result in termination of all of your accounts and a life-time ban to the Broody service.

   Only you are authorized to access your account with Broody. You must not share your login details with anyone or let anyone else access your account as this jeopardizes the security of the site and submitted content. You are responsible for keeping your login details secret and secure. Broody is not liable for any unauthorized access to your account. Broody reserves the right to terminate your account if you violate our rules on keeping your login details secure.

5. Dishonest information

   You will not provide any false personal information to Broody, including but not limited to your email address, gender, and age. Tampering with the system via falsely representing yourself or others will result in account termination.

6. The site does not provide business advice

   The information contained in this website is for general information purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
This site does not direct decision making on your behalf or on behalf of your business. Any business decisions you make as a result of information posted on this site, products sold through this site, or links listed on this site are your responsibility only.

7. Access to the app and site

   Unfortunately, we can't guarantee that Broody will be accessible at all times due to site maintenance, a fault or circumstances which are outside our control, or for any other reason, so Broody is provided on an "as is" basis. No warranty is given about the quality, accuracy, functionality, availability or performance of Broody and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on Broody without notice and without incurring any liability to you.

   You are responsible for making all the necessary arrangements to ensure you can access Broody (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Broody through mobile services or any similar service currently known or developed in the future. By accessing Broody or agreeing to receive messages or notifications from Broody through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

   Non-registered users are able to access only that portion of Broody that is publicly available. They will not have an account area accessible to them or the ability to upload any content. The extent of registered users' access to Broody may be changed or updated from time to time without prior notice and at our discretion.

8. Termination of use by us

   Sometimes people forget about the terms written here and post content or act in a way while on Broody which is not consistent with the purpose of the app or site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused, paid services to: suspend or revoke your registration (where applicable) and your right to access and/or use Broody or submit any content to Broody; and make use of any operational, technological, legal, or other means available to enforce the terms (including without limitation blocking specific IP addresses). We are not obliged to notify you if your access to Broody and/or your account area is to be or has been suspended or terminated.

9. Termination of use by you

   If you would like to have your account terminated, use this form. Note that we may save your profile information for a short time in case you decide to restore your account. Many users are accustomed with deactivating accounts for temporary reasons and will expect us to maintain their information until they return to Broody. You will, therefore, be able to restore your account and your profile in its entirety within 30 days of de-activating it. Once your account is terminated, we have the right to delete any related Content that you have submitted or uploaded to Broody.

10. Abuse/Complaints

    You can report any abuse found in a poll on Broody by using the “Report Abuse” link under each poll. To report any other abuse or to file a complaint about Broody, please email us at support@broody.io.

11. Privacy Policy

    We process information in accordance with our Privacy Policy which is incorporated into these terms and conditions of use. Please read the terms of our Privacy Policy prior to using Broody. By using Broody, you agree to such processing and you warrant that all data provided by you is true, correct and accurate.

12. Links

    Broody may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links you may be directed to third-party sites. These third party sites will have their own terms of use and privacy policies, which may differ from our own stated here. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.
Please note that we have no control over the contents of any third-party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site's compliance with any applicable laws or regulations.

13. Disclaimer of warranties and limitation of liability

    If for any reason your use of the Broody site elicits legal threats or consequences to you, we expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Broody, and expressly disclaim any liability for content uploaded by you or by any other user.

14. Expiration of credits

    A credit's lifetime is defined as the lifetime of the organization.

15. Indemnity

    If we are sued as a result of your use of Broody then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim. You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives, and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable solicitor's fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Broody, the uploading or submission of content to Broody by you or your conduct, other than in accordance with the terms or any applicable law or regulation ("Claim"). Broody retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.

16. Jurisdiction

    You expressly agree that exclusive jurisdiction for any dispute with Broody or in any way relating to your use of the site, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Broody or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These terms are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles.

17. Miscellaneous

    Broody has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on Broody and provides that information on an "as is", "as available" basis. Broody does not give or make any warranty or representation of any kind about the information contained on Broody, whether express or implied. Use of Broody and the materials available on it is at your sole risk. Broody cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Broody is free of viruses or other harmful components. Broody makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, Trojan horses or any similar malicious software. Broody is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

    We reserve the right to modify, amend or change these terms at any time (a "change"). If we do this then the changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the terms. In certain circumstances, we may send an email to you notifying you of any change. You should regularly check this page to take notice of any changes.

    If you do not accept any change to the terms, you should stop using Broody immediately. Your continued use of Broody following any change constitutes your acceptance of the change and you will be legally bound by the newly updated terms.

    If, for any reason, any of the terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the terms and the remainder of the terms shall survive, remain in full force and effect and continue to be binding and enforceable.

    The terms set out the entire agreement and understanding between us and you in relation to your use of Broody and supersedes all previous agreements, representations, and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

    No failure or delay by us in exercising any right, power or privilege under the terms shall operate as a waiver of such right or acceptance of any variation of the terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the terms and the contracts (Rights of Third Parties) Act 1999 shall not apply to the terms.

18. Effective date

    The terms were last updated on February 24, 2020.