Broong.com

Date of Last Revision: Jan 22, 2008

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING BROONG. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE LEAVE AND DISCONTINUE USE OF BROONG IMMEDIATELY.

Welcome to Broong, a social information network service made with notes, operated by Broong, Inc. ("we," "our," "us," or "the Company"). By accessing or using our website at www.broong.com ("Broong"), you (the "User") agree to be bound by the Terms of Use ("Terms of Use"), whether or not you are a registered member of Broong. We are continuously developing features and functions in Broong and as such, we reserve the right to modify these Terms of Use as deemed necessary at any time without notice. You agree to be bound to any changes to these Terms of Use when you use Broong when such revision is posted. Therefore, it is the responsibility of Users to be aware of the changes to the Terms of Use.

GENERAL CONDITIONS

1. You must be at least 18 years of age to use Broong.
2. You agree to provide accurate, current and complete information about yourself as may be prompted by registration forms on Broong.
3. You agree to keep your password secure and confidential. You agree to notify Broong immediately if you suspect any unauthorized use of your account or access to your password.
4. You are solely responsible for any activity that occurs under your screen name, password or account.
5. You agree that Broong is available for your personal, non-commercial use only, except for advertising and business programs as offered by the Company.
6. You agree that all content on Broong, including but not limited to, designs, texts, graphics, photographs, videos, applications, softwares, information, and other files, as well as our selection and arrangement (the "Broong Content"), are the proprietary property of the Company, its Users or its licensors with all rights reserved. No Broong Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own Content (as defined below) that you legally post on Broong. Provided that you are eligible to use Broong, you are granted a limited license to access and use Broong and Broong Content and to download or print a copy of any portion of Broong Content to which you have appropriately gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilations, and any other use of the Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data-mining, robots or similar data-gathering or extraction methods. Any use of Broong or its Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will result in termination of license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and communications regulations and statutes. This license is revocable at any time without notice, and with or without cause.
7. You agree not to engage in any illegal or unauthorized conduct (including but not limited to transmitting viruses or other harmful files) on or through Broong. You agree to comply with all local laws (including but not limited to those relating to copyright and other intellectual property rights) that may be applicable to you regarding acceptable online conduct and content.
8. You are solely responsible for any data, screen names, texts, graphics, photos, profiles, messages, comments, audio and video clips, links, street addresses, phone numbers, email addresses, maps, and other content (the “User Content” or the “Content”) that you submit and display, transmit or share with other users on Broong.
9. You understand and agree that we may, but not obligated to, review and reserve the right to delete, hold, or block Content and accounts or terminate membership containing Content as defined below that we consider in our sole discretion for any reason, or no reason without notice. While we prohibit such Content on Broong, you understand and agree that the Content posted on Broong by its users is not necessarily reviewed by Broong and Broong cannot be responsible for the Content.
10. You understand and agree that when you submit Content to Broong, you authorize and direct us to make copies as deemed necessary in order to facilitate posting and storage of the Content on Broong. By posting Content to any part of Broong, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, modify, broadcast, publicly perform, publicly display, reformat, translate, sell, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with Broong or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove your Content from Broong at any time. If you choose to remove your Content, the license granted as stated above will automatically expire; however you acknowledge that the Company may retain archived copies of your Content.
11. You are wholly responsible for your use and any damages to your computer system, loss of data or other harm of any kind that may result from your use of Broong.
12. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you submit or store on Broong.
13. You agree not to harvest or collect personal information of other users from Broong by electronic or other means for purposes of sending unsolicited communications.
14. You agree not to hack Broong.
15. You agree not to engage in any conduct or issue statement that falsely implies any association between Broong and yourself or other entity.
16. Broong is free of charge. To enable us to keep Broong free, you accept that we may display and send you targeted advertisements on or through Broong.
17. We reserve the right to modify or to terminate Broong, and to refuse Broong to anyone for any reason, with or without notice, at any time in our discretion. We may also revoke membership of a user for infringement of intellectual rights of others, whether or not there is repeat infringement.
18. Broong offers features where its users can share notes and other Third Party Applications, Softwares or Contents from, and/or link together. You acknowledge and agree that your use of the Share Services and all links, Contents or Third Party Applications, Softwares is subject to, and will fully complies with the Terms of Use.
19. You are solely responsible for your interaction with other Broong members/users. We reserves the right, but without the obligation, to monitor disputes between you and other Broong member(s).
20. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Broong ("Submissions") you provide to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

CONTENT/ACTIVITY PROHIBITED

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Broong. Broong reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from Broong and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in our sole discretion :

A. is offensive and promotes racism, discrimination, hatred or physical harm of any kind against any group or individual(s);
B. intimidates, harasses or advocates harassment of another individual;
C. solicits personal information from anyone under 18;
D. furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
E. exploits person(s) in sexual or violent manners;
F. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
G. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
H. promotes an illegal or unauthorized copy of another's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent copy-protect devices;
I. nvolves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
J. contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
K. solicits password(s) or personal identification information for commercial or unlawful purposes from other Users;
L. includes photograph of individual(s) posted without the individual's consent;
M. involves commercial activities and/or sales (such as contests, sweepstakes, barter, advertising, or pyramid schemes) without our prior written consent; or
N. uses sexually suggestive imagery or other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of user activity that is illegal or prohibited on Broong. Broong reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting to law enforcement authorities. Prohibited activities include, but are not limited to:

O. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright/patent infringements, or theft of trade secrets;
P. advertising to, or soliciting any Member to buy or sell any products or services through Broong. You may not transmit any chain letters or junk email to other Members. It is also a violation of these Terms to use any information obtained from Broong in order to contact, advertise, solicit, or sell to a Member without his/her explicit prior consent. In order to protect our Members from such advertising or solicitation, Broong reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which Broong deems appropriate.
Q. covering, obscuring, or tampering with the banner advertisements on your personal profile page, or any Broong page via HTML/CSS or any other means;
R. any automated use of the system, such as using scripts to add friends, or to send comments or messages;
S. interfering with, disrupting, or creating an undue burden on Broong or networks and/or services connected to Broong;
T. attempting to impersonate another Member or person;
U. using the account, username, or password of another Member at any time or disclosing your password to a third party or permitting a third party to access your account;
V. selling or otherwise transferring your profile;
W. using any information obtained from Broong in order to harass, abuse, or harm another person;
X. using Broong in a manner inconsistent with any and all applicable laws and regulations.

COPYRIGHT POLICY

You may not submit, modify, display, distribute, or reproduce on Broong in any way copyrighted materials, trademarks, private information, publicity, or proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Broong to terminate Membership privileges to a Member who repeatedly infringes upon the copyright rights of others upon receipt of proper notification to Broong by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Broong in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a specific location description within Broong of the material in question; (iv) your contact information including your mailing address, telephone number, and email address; (v) a written statement by you that you have in good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

PRIVACY

Broong cares about the privacy of our users. Click here to view the Broong's Privacy Policy. By using Broong, you are consenting to have your personal data transferred to and processed in the United States.

DISCLAIMERS

Broong is not responsible for any incorrect or inaccurate Content posted on Broong whether caused by its Users or by any equipment or programming associated with or utilized in Broong. Note created and posted by Members on Broong may contain links to other websites. Broong is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Broong. Inclusion of any linked website(s) on Broong does not imply approval or endorsement of the linked site(s) by Broong. When you access third-party sites, you do so at your own risk. Broong takes no responsibility for third-party advertisements that are posted on Broong nor does it take any responsibility for the goods or services provided by its advertisers. Broong is not responsible for the conduct, whether online or offline, of its Users. It assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Broong is not responsible for any problems or technical malfunction of telephone networks or lines, computer online systems, servers or providers, computer equipments, softwares, failure of any email or players due to technical problems or traffic congestion on the Internet or on Broong thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Broong. Under no circumstances shall Broong be responsible for any loss or damage, including personal injury or death, resulting from using Broong, attendance at a Broong event, from any Content posted on or through Broong, or from the conduct of any Users of Broong, whether online or offline. Broong is provided "AS-IS" and as available and Broong expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Broong cannot guarantee and does not promise any specific results from use of Broong.

LIMITATION ON LIABILITY

IN NO EVENT SHALL BROONG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF BROONG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BROONG’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BROONG DURING THE TERM OF THE MEMBERSHIP.

INDEMNITY

You agree to indemnify and hold Broong, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Broong in violation of the Terms of Use, and/or arising from a breach of the Terms of Use, and/or any breach of your representations and warranties set forth above, and/or if any Content that you post on Broong causes Broong to be liable to another.

OTHERS

These Terms of Use shall be governed by the laws of the State of California and you submit to the exclusive jurisdiction of the federal district courts of California. If any provisions of these Terms of Use are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. Please contact us at with any questions regarding the Terms of Use.

Broong, Inc.
795 Folsom St. 1st floor
San Francisco, CA 94107