1. ACCEPTANCE OF TERMS
Doghouse (http://doghouse.bruji.com) is a free media database created and maintained by the users of the software programs DVDpedia, Bookpedia, CDpedia and Gamepedia. Bruji ("we," "us" and "our"), the creator of these programs, provides the Doghouse service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice.
2. DESCRIPTION OF SERVICE
Doghouse provides users with access to a collection of online resources related to collecting and displaying movie, music, book and game information (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Doghouse resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device as well as one or more of the Pedia programs (DVDpedia, Bookpedia, CDpedia, Gamepedia).
3. PRIVACY POLICY
Please see our full privacy policy at: http://www.bruji.com/about.html
4. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, not Bruji, are entirely responsible for all Content that you upload via the Service. Bruji does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree and understand that factual information could be incorrect and Bruji shall not be liable to you. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
- 1. upload any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- 2. harm minors in any way;
- 3. impersonate any person or entity, including, but not limited to, a Bruji employee, show editor, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 4. upload any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- 5. upload any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- 6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- 7. intentionally or unintentionally violate any applicable local, state, national or international law;
- 8. collect or store personal data about other users;
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
6. CONTENT SUBMITTED TO DOGHOUSE
Bruji does not claim ownership of the Content you place on the Doghouse Site. By submitting Content to Doghouse for inclusion on the web site, you grant Doghouse royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
7. INDEMNITY
You agree to indemnify and hold Bruji and its employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Bruji may establish general practices and limits concerning use of the Service.
10. MODIFICATIONS TO SERVICE
Bruji reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bruji shall not be liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
11. TERMINATION
You agree that Bruji, in its sole discretion, may terminate your password, use of the Service or use of any other related service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Bruji believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Bruji may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Bruji may immediately deactivate or delete the web site and all related information and files and/or bar any further access to such files or the Service. Further, you agree that Bruji shall not be liable to you or any third-party for any termination of your access to the Service.
12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bruji has no control over such sites and resources, you acknowledge and agree that Bruji is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bruji shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. BRUJI PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Bruji, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRUJI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BRUJI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRUJI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRUJI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRUJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
18. COPYRIGHTS
Bruji respects the intellectual property rights of others and we ask our users to do the same. If you should find copyrighted material in the Doghouse, please notify us. (Refer to section 19.5 for further information.)
19. GENERAL INFORMATION
The TOS constitute an agreement between you and Bruji and governs your use of the Service, superseding any prior agreements between you and Bruji (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Bruji services, third-party content or third-party software. The failure of Bruji to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
For each visitor to our Web Site our webserver will automatically:
• Set Cookies (Definition) to keep track of your sessions and save information required to log in.
• Collect and save the web site you were redirected from.
Use and Protection of Username and Password
We may ask you to create a username and password. You are responsible for maintaining the confidentiality of your username and password, if applicable. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Security
To our best ability this web site has set appropriate security measures in place to protect against the loss, misuse or alteration of information that we have collected from you.
Bruji respects the intellectual property of others, and we ask our users to do the same. Bruji has no responsibility for content on other web sites that you may find or access through Bruji products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the Bruji Terms of Service, govern your use of that material.
19.1 User Violations
It is Bruji's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Bruji and/or others.
19.2 Member Submissions
Items not included in the above categories such as long text passages that are the original works of a Bruji member remain copyrighted by that member. By contributing the information on http://doghouse.bruji.com, the member has granted Bruji the right to use that work on the web site and in other circumstances to improve Doghouse.
19.3 Factual Information
It is our belief that factual information such as but not limited to Names, Titles and Release Dates cannot be copyrighted.
19.4 Third Party Images
The pictures found in here such as, but not limited to, Movie Images, Book Cover Images, Video Game Images and Music Album Covers are believed to be covered under Fair Use, which means that they are used strictly to illustrate or promote media. This site is intended for users of DVDpedia, Bookpedia, CDpedia and Gamepedia to share information about media items and aid in cataloging their personal media products. No copyright infringement is intended.
19.5 Copyright Violations
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send an E-mail to support@bruji.com with the following information:
- 2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- 3. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- 4. a description of where the material that you claim is infringing is located on the Doghouse site, with enough detail that we may find it on the web site;
- 5. your address, telephone number, and email address;
- 6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- 7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.