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