Terms and Conditions
Last Revised: June 20th 2013
Welcome to Broogly.com and to the wide range of resources that are provided on our website for sharing ideas for inspirational projects. We are pleased to have you on board.
If for any reason you do not agree to these terms then you are not permitted to use our website and we ask that you refrain from doing so.
Are you under 18?
Changing these terms and conditions
In the future it may be necessary for us to make changes to these terms and conditions by adding, removing or amending terms.
If an amendment to our Terms and Conditions is made we will update the published policy and provide a clearly visible notification of that change on our home page for at least 30 days. The most current published version of the terms will always be available on our website by clicking on the “Terms and Conditions” link and the latest revision date will always be clearly marked.
By agreeing to these terms you agree that we reserve the right to make such amendments. Furthermore, use of our website after an update to the Terms and Conditions has been made, constitutes acceptance of the updated Terms. If you do not agree to any updates then you should discontinue use of our website.
Who can use Broogly.com
Anyone can use this website subject to the following conditions:
- You agree to keep your password confidential and safe at all times
- You agree to abide by all applicable laws
- You agree that you will not post any material that violates or infringes on the rights of others, is offensive (including but not limited to blatant expressions of hatred, prejudice, racism and profanity), obscene, vulgar, pornographic, defamatory, libelous, harassing, bullying, threatening or intimidating or otherwise objectionable or illegal. Broogly.com does not condone behavior and content that is not aligned with the interests of broogly.com or which is racist, abusive, sexist or indeed promotes any form of hatred or harm against any living being.
- You agree that you will not use Broogly.com in any way that could be considered to promote the exploitation of children and / or minors including disclosure (beyond a first name) of any personally identifiable information about any person under the age of 18.
- You agree that you will not impersonate another person
- You agree to provide us with accurate and complete information about yourself when requested by us (e.g. in an account registration form)
- You agree that you will not expose Broogly.com to any viruses, corrupted files or any other similar software or programs that may damage the operation of our website or any user’s computer.
- You have not had an account with Broogly.com suspended for any reason
Editorial Control of Content / Suspension & Termination of Accounts
By agreeing to these terms and conditions you agree that your use of Broogly.com is at our discretion. We have the right to edit or remove any content that you have posted and / or to suspend or terminate your account at any time for any (or no) reason. If Broogly.com has reasonable grounds to suspect that any user is not abiding to any of the terms specified herein or if we receive a request from a law enforcement agency then we may immediately disable or terminate your account and remove any content that you may previously have submitted with no prior notice and may also refuse you the right to any future use of Broogly.com.
What if I am opening an account on behalf of my company?
Broogly.com recognizes that individuals may wish to open an account on behalf of a certain company, organization or other entity. If you open such an account you must be authorized to agree to these Terms on that entity’s behalf and be authorized to grant all permissions and licenses provided herein. You understand that where “you” are referred to in this document that refers to both you and the entity that you represent.
Your responsibilities: Keeping yourself safe
It is the responsibility of each and every user to ensure that they take measures to protect their personal and private information. We will hold you responsible for all activity that occurs under your username and password. It is important therefore that you take measures to keep your account secure - for instance you should not share your login details with anyone. If you believe that an unauthorized use of your password / account has occurred, you agree that you will contact Broogly.com immediately.
Your responsibilities: Copyright Infringement
Broogly.com encourages users to make submissions to the website including (but not limited to) photos, videos, drawings, text and review comments. By agreeing to these terms, you agree that you are solely and completely responsible for any and all submissions that you make and for any consequences of posting / publishing them. This includes, ensuring that the copyright / intellectual property of others is respected. You agree that when uploading content, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions in the submissions to use any and all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights therein and to grant Broogly.com the licenses set forth in these Terms and Conditions. Furthermore you agree that you have the written consent, release and/or permission of each and every identifiable person in your submission to use their name or likeness in your submission.
You also agree that you will not publish falsehoods or any misrepresentations that could damage Broogly.com or any third party.
If you believe that your copyright has been infringed we ask that you contact us at the earliest opportunity with details of the alleged infringement. This notification, must be sent to email@example.com and must include:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the content on Broogly.com that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material (for instance the url describing the location of the content);
- Information reasonably sufficient to permit Broogly.com to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Broogly.com reserves the right to immediately remove any user submissions that are identified within such a notification without any prior notification. We will also terminate any user’s account who has been notified as having infringed any copyright / intellectual property rights on more than one occasion and/or who has infringing activity removed from the website more than once.
Your content on Broogly.com
When you make any submission to Broogly.com (whether that be text, photos, videos or otherwise) you are granting Broogly.com a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to copy, store, use, display, perform, reproduce, distribute, prepare derivate works of or modify that content. You also give Broogly.com permission to distribute the content and use it in its original or a derivative form for promotional and / or marketing purposes. All of the forgoing applies in any media format and through any media channel and after the termination of this agreement. You understand that these conditions apply regardless of whether your submission is published on Broogly.com.
Please be aware that we may retain content that you have submitted even after you have terminated or deactivated your account or deleted your content.
Please also note that if you choose to make submissions of feedback, comments or ideas to Broogly.com you agree that they will become out property on receipt and that we can use them without any restriction or compensation to you.
Monitoring and Enforcement of Website Content
Whilst we at Broogly.com make every effort to maintain oversight of our website and have the right to monitor and modify all content (including by removal) we do not endorse, are not responsible for and cannot guarantee the accuracy, appropriateness / usefulness, safety, or intellectual property rights of or relating to User Submissions.
Furthermore we cannot accurately verify the identity of any Broogly.com users
You understand that we expressly disclaim any and all liability in connection with User Submissions.
If you find any content on Broogly.com that you believe to be in contradiction to these terms or conditions or which you find offensive or objectionable or which you believe to be illegal then please contact us at firstname.lastname@example.org. We will investigate all notifications and reserve the right to take any (or no) appropriate action against perpetrators.
At times, we will provide links to other related websites that we believe are useful, interesting or informative to our users. We endeavor to ensure that any links that are provided are relevant and appropriate. However, users should be aware that where links to other sponsor/advertiser, affiliate or related websites are provided, these are for information purposes only. These sites are beyond the control of Broogly.com and we are not responsible for the policies of these organizations and websites and you should ensure that you are familiar with their terms and conditions before using their services.
Intellectual Property / Trademarks
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Broogly.com or other respective owners that have granted Broogly.com the right and license to their use.. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Broogly.com. The content on our website is the sole and exclusive property of Broogly.com provided for your personal, non-commercial use only and may not be used, copied, modified, published, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Broogly.com.
BROOGLY.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION IS COMPLETE OR ACCURATE, THAT THE PROVISION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT OUR WEBSITE IS FREE OF ROGUE PROGRAMMING. ANY USE OF BROOGLY.COM IS AT YOUR OWN RISK AND YOU UNDERSTAND AND AGREE THAT YOU MAY EXPERIENCE DELAYS AND INTERRUPTIONS TO THE PROVISION OF OUR SERVICE AND THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE OR OTHERWISE UNSUITED TO YOUR PURPOSE. FURTHERMORE YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY MATERIAL FROM OUR WEBSITE.
Disclaimer of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW BROOGLY.COM AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE RESPONSIBLE FOR OR LIABLE TO YOU FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES, OR II) ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF (OR INABILITY TO ACCESS AND USE) THE WEBSITE, ANY INFORMATION CONTAINED ON THE WEBSITE, YOUR OR YOUR COMPANY’S PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER BROOGLY.COM NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF. IN NO EVENT SHALL BROOGLY.COM’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF TEN U.S. DOLLARS (U.S. $10.00).
Release and Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BROOGLY.COM FROM AND AGAINST ALL THIRD PARTY CLAIMS INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF BROOGLY.COM OR FROM YOUR FAILURE TO ABIDE BY APPLICABLE LAW.
These Terms, and any rights and licenses granted hereunder, may NOT be transferred or assigned by you but may be assigned by Broogly.com without restriction.
Governing Law and Jurisdiction
Broogly.com is based in San Mateo County, California, USA and we make no representations that our services are appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalid, illegal, unlawful or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
These terms shall be governed by and construed in accordance with the laws of the State of California without respect to its’ conflict of laws principles. You and Broogly.com agree to submit to the exclusive jurisdiction of a state court located in San Mateo County, California.
Any cause of action arising out of or related to Broogly.com’s website or services must be commenced within one (1) year after the cause of action arises otherwise such claim or cause of action is permanently barred.
Please contact us at email@example.com if you have any concerns or questions relating to these terms and conditions.
Last Revised: June 20th 2013
This document will help you to understand what personal data we collect from you at Broogly.com and how we use it. We encourage all our users to read this policy in its’ entirety before using our services and prior to creating an account.
We understand how important your personal data is and we want to reassure you that Broogly.com will not sell your personally identifiable data and we aim to minimize the mandatory personally identifiable data that we request from you. We do allow you, at your own discretion, to enter additional, optional personal information to associate with your published user profile. Supplying such information can be useful (for instance to promote your own blog, or to connect with other users with similar interests). Whether or not you choose to supply this information will not change the functionality that is available to you at Broogly.com
What information do we collect?
There are three types of information that are collected from you when you use Broogly.com.
1. Mandatory personal information that you provide when you create an account
If you wish to create an account at Broogly.com (to enable you to contribute content) you must provide a valid email address. This is the only piece of mandatory personally identifiable information that we require.
Your email address is required by Broogly.com so that we can identify and authenticate you when you access the site. It is also essential so that if necessary we can contact you, and so that we can notify you of any activity on Broogly.com related to your account (subject to your specified preferences).
You are also required to notify us of your age from a predefined set of ranges. We use this to determine whether you are permitted to open an account. Broogly.com does not allow users to create an account if they are under the age of 13.
Your age and email address will never be displayed to other users on Broogly.com. During the account sign-up process you must also specify a username. This is the name associated with your public profile and any contributions you make on the site. We do not require that this username is your real name.
2. OPTIONAL personal information that you opt to provide
At your own discretion you may also choose to provide additional OPTIONAL information to create a more complete published (i.e. public) user profile. This includes, but is not necessarily limited to, a user profile description, your location, a profile photo and links to your website / blog or social media accounts.
You should be aware that in some instances information that you choose to provide on your public profile may be personally identifiable (for instance your user photo or website address). You should use care and discretion when making the decision whether to share that information.
3. Technical information that is automatically collected when you use our services.
Broogly.com, like most other websites automatically collects the technical information that is provided by your browser when you visit our website. This information is collected whether you are logged in to your Broogly account or not and may include (but is not limited to) the following: your IP address, browser type, domain names, access times and referring website address. We may also collect information on the device that you are using (for instance; device type, operating system etc). This information is used to help us to provide you with the best, most relevant user experience, to maintain a high quality of service and to allow us to maintain general (aggregated) statistics regarding the use of our website. If you would like to know more about the information provided to us by your device or your browser please check their policies.
In addition, we may also use web beacons. These are small pieces of code placed on the websites to collect advertising and log data usage metrics, such as counting page views, promotion views, or advertising responses.
How do we use your information?
At Broogly.com we work hard to make your experience on our website a great one. Collecting information about our users helps us to achieve this. In other words, we collect information from you and use this to:
- ensure that we can contact you about your accounts or to respond to your questions or comments
- ensure that we can send you updates about your account, newsletters, marketing materials or other information that you might find useful (dependent on your email notification settings)
- ensure that our website can run efficiently and effectively
- ensure that we can understand how our site is used so that we can enhance our website and develop future products and services that are relevant and interesting to our customers
- verify a customer’s identity
- ensure that we can meet regulatory or legal requirements or to comply with a legal request protect the safety, rights or property of our users, the public and Broogly.com and to allow us to detect and / or prevent issues that may arise as a result of fraud, security or technical issues
- create and display your public profile (based on the optional information that you supply to us)
Please note, it may be necessary for us to share personally identifiable information in the event of a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.
Third parties that we share data with
Broogly.com is a participant in affiliate programs. These include the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites such as Broogly.com to earn advertising fees by advertising and linking to the advertiser’s site (e.g. amazon.com). In addition, Broogly.com may maintain relationships with other third party advertising companies
We may also share non-personally identifiable information in aggregate with other third parties (such as sponsors or business partners) to help us (and them) offer and develop content and services we hope you will find of interest. This aggregated information cannot be used to identify you personally and will not include your email address.
Where we have your consent, we may also share your data with other services (for instance Facebook and Twitter) if you choose to link your Broogly.com account or activity to those services.
Users under 13
Broogly.com aims to provide parents, educators and other caregivers a place where they can share inspiration for project ideas that they can complete with the kids in their care. It is our assumption therefore that our users are adults. We recognize however that the content on the website is attractive to children and that children will visit Broogly.com and use the content provided. It is of utmost importance to us that the safety and privacy of these children is protected. For this reason although we welcome and encourage the participation of children in viewing the content of the website, and in completion of the projects described, we do not allow any person under the age of 13 to create an account.
Changes to this policy
We reserve the right to make amendments to this policy at any point in the future. If such an amendment is made we will provide a clearly visible notification of that change on our home page for at least 30 days and will publish the revised policy here.
Limitations of this policy
Please note that the use of Broogly.com is also subject to our Terms and Conditions.