TERMS AND CONDITIONS

PLEASE READ THIS DOCUMENT CAREFULLY. IT IS BETWEEN EATBRUNCH.NET (“US, OUR”) AND YOU. BY ACCESSING AND/OR USING THIS WEBSITE AT WWW.EATBRUNCH.COM (“SITE”) YOU CONFIRM THAT YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY AND THAT YOU AGREE TO BE BOUND BY BOTH DOCUMENTS.

CERTAIN SERVICES AND/OR FEATURES AVAIALBLE ON THE SITE MAY BE SUBJECT TO OTHER TERMS POSTED BY US TO THE SITE. SUCH OTHER TERMS ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS AND PREVAIL OVER THESE TERMS IN THE EVENT OF CONFLICT.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT USE THE SITE.

THESE TERMS INCLUDE OUR PRIVACY POLICY. TO READ OUR PRIVACY POLICY, PLEASE CLICK HERE

1. Registration
In order to use the full functionality of the Site, you must be at least 18 years of age and set up an account with the Site (“Account”) by completing the registration process by clicking on “register”. Upon registering to have an Account and use the Site, you agree to (1) provide true, current, accurate and complete information as requested by the registration process (such information to be called “Your Data”); and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and to refuse any and all current or future use of the Site (or any part of it).

Upon registration, you will create a password for your Account. It is your responsibility to maintain the confidentiality of the password and you are fully responsible for all activities that happen through the use of the password and/or your Account(s). You agree to immediately notify us of any unauthorised access and/or use of your password and/or Account(s) and/or any other breach of security of your Account(s). At the end of each session on the Site, you agree to log out of your account.

2. Your Material
You agree that in respect of all content that originates from you or from your Account, including without limitation all video, audio, images, animation, information, ideas, opinions, files, messages, comments, text and all other content (“Material”):
a. You grant to us, our successors, assigns and licensees a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable, transferable and assignable licence in perpetuity to distribute, reproduce, copy, record, modify, edit, add to, combine with other materials, remove, adapt, reformat, translate, publicly perform, publicly display, communicate to the public, sublicense, freely assign, create derivative works from and otherwise use and exploit such Material (or any part of it) in any form, medium, media or technology now known or later developed, in any language and by any means or manner now or hereafter developed;
b. You grant to us, our successors, assign and licensees each and every consent that may be required under the Copyright, Designs and Patents Act 1988 and any other laws now or in future in force in any part of the world which may be required by us, our successors, licensees and assigns throughout the world fully to exploit such Material;
c. You grant to each user of the Site and of the site(s) and other digital distribution services offered by our licensees (“User”) a non-exclusive licence to access your Material and to use such Material as permitted under these Terms;
d. In connection with the permitted use of such Material in accordance with the above licences and grants of rights: (i) you hereby waive all so-called "moral rights" or similar rights now existing or created in the future in any part of the world in respect of such Material; and (ii) you grant to us, our successors, assigns, licensees and each User the non-exclusive right to use your name and any nickname, likeness, photograph, signature and/or biographical material submitted by you to us or otherwise originating from your Account(s);
e. You also agree that we may disclose any such Material, or any part of it, to any third party for any reason, including, without limitation, if disclosure is required or is reasonably necessary to comply with the law or any legal process or any law-enforcement request, to enforce our rights, to analyse or respond to third-party claims or generally to protect us and our users. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any Material that you submit to us for any purpose, at any time, and without any remuneration or obligation to you.
f. We reserve the right at our discretion and without obligation to remove, delete or otherwise deal at our discretion with any Material on the Site. Furthermore, we have no obligation to post or otherwise make use of any Material.
g. You acknowledge and agree that us, our successors, assigns and licensees are entitled to exercise the rights granted hereunder without paying you in any way for such rights.

You warrant that we are entitled to use the Material on the Site and that our sub-licensees are entitled to use the Material on their respective sites without infringing the rights of any third party.

You acknowledge that when using the Site, you will be exposed to material from a variety of sources, and that we are not responsible for the truth, accuracy, usefulness, safety of such material or for intellectual property rights in and to such material. We do not endorse any material or any opinion, recommendation or advice expressed in the same. You acknowledge that you may also be exposed to material that is untrue, inaccurate, indecent or otherwise harmful or offensive. Furthermore, whilst we make every effort to test and check material on the Site for viruses, we recommend that you run anti-virus programs on any material obtained via the Site. Under no circumstances will we be liable in any way to you for any material or any damage incurred as a result of you accessing any material posted or otherwise transmitted or made available via the Site. You hereby waive any legal or equitable rights or remedies that you have or may have against us in respect of the same.

3. Your Conduct
We provide the Site to you solely for your personal, private use. You undertake not to use the Site:
(a) for any unlawful purpose;
(b) in any way so that the Site is interrupted, damaged, rendered less efficient or the functionality of the Site is in any way impaired; (c) in any way that may damage or disrupt another user's computer;
(d) for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
(e) to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libellous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
(f) as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users; (g) in a manner which constitutes a violation or infringement of any person, firm or company's rights (including, but not limited to, rights of copyright or confidentiality);
(h) to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Site;
(i) to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an employee of ours, manager, host or another user; or
(j) to transmit, upload, post or otherwise make available any solicited or unauthorised advertising, promotional materials, "junkmail", "spam", "chain letters", "pyramid schemes" or any duplicative or unsolicited messages.

4. Content on the Site
All material that is accessible on the Site, including without limitation all video, audio, images, text, music, graphics, software or any other content (“Site Content”), is owned by us or is being used by us with permission. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Site Content.

5. Copyright and Trade Marks
Our names, images and logos, and any names, images and logos of any third parties, and their products and services are our proprietary marks or the proprietary marks of the respective third party. Other than as expressly set out in these Terms, nothing contained herein shall be construed as conferring impliedly or otherwise any licence or right under any trade mark or patent of ours, our associated companies or any other third party.

All copyright, trade marks and other intellectual property rights in this Site (including the design, arrangement and look and feel) and all material or content supplied as part of the site shall remain at all times our property or the property of our licensors. In accessing the Site, you agree that you do so only for your own personal, non-commercial use. You may not, nor may you agree to permit or assist in any way any third party to, copy, reproduce, download, post, store (including in any other web site), distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without Our prior written permission.

6. Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Site, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and/or fitness for a particular purpose.
You acknowledge that:
(a) it is technically impossible to provide the Site free of faults and that we do not undertake to do so;
(b) faults may lead to temporary unavailability of the Site;
(c) the results that may be obtained from the use of the Site may include inaccuracies or typographical errors; and
(d) the operation of the Site may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you, between different parts of our network, and between us and other systems and networks.
You further acknowledge that some of the Site Content, for example software, is supplied to us by third parties and accordingly we offer no warranty of whatever nature in relation to such Site Content.
We will not be liable to you for failures, defects or delays in the Site in any circumstances, including without limitation where:
(a) you have provided incorrect information in connection with the Site;
(b) you accidentally erase an element of the Site provided to you; or
(c) you fail to comply with the instructions for use of the Site as explained by us.


7. Liability Limitation
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with these Terms with you or the use or performance of the Site, including without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where we have been advised of the possibility of such loss or damage).

8. Indemnity
You will fully indemnify and defend us, its successors, assigns and licensees against all claims, liability, damages, costs and expenses, including legal fees, arising in relation to your Material and/or arising out of any breach of your undertakings, warranties, covenants, obligations and representations set out in these Terms.

You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Site, you shall pursue such right, claim or action independently of, and without recourse to us.

9. Suspension/Termination
We shall have the right to immediately terminate these Terms with you and/or suspend your access to the Site if you commit any breach of these Terms. Clauses 7, 8 and 9 shall survive any such termination.

We reserve the exclusive right at any time and from time to time to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time any Site Content and any functionality or features in or on the Site (including, without limitation, the cessation of all activities associated with the Site) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part of the Site.

10. Complaints/Take Down
If you wish to make a complaint about the Site or if you think your intellectual property or other rights have been infringed on the Site, you can give us full details by sending an email to eatbrunch@gmail.com.

11. Privacy
Our Privacy Policy contains information on our treatment of your information held in your Account and/or any other personal information relating to you that we collect in the course of providing features on the Site. Additionally, you may ask questions about privacy issues by sending an email to eatbrunch@gmail.com.

12. Other Sites
This Site contains links to pages on other sites, and we have no control over those sites. Accordingly, you acknowledge and agree that we are not responsible or liable in any way for any content on those sites. Links to external sites do not constitute an endorsement by us of the sponsors of such sites or any content on those sites.

13. Miscellaneous Provisions

Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the Laws of England and Wales and the English courts shall have exclusive jurisdiction over any matter or claim arising under these Terms, although we reserve the right to bring any proceedings against you in relation to these Terms in any country.

Severability
If any provision of these Terms are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force.

Assignment
These Terms, and any rights and licences granted under them, may not be transferred, assigned, licensed or otherwise disposed of by you, but may be transferred, assigned, licensed or otherwise disposed of by us without restriction.

Waiver
Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

Effective Date: 17 September 2007