2. Permitted Users: Some Content on the Website may contain adult language or material and be unsuitable for persons under the age of 18. Company does not knowingly collect information from children under age 13. If you are under age 18, you are not permitted to submit any information to the Website without your parent or guardian’s express written consent, and you represent and warrant to Company that you have the permission of your parent or guardian to do so and that your parent or guardian agrees to these Terms on your behalf. If you are a parent or guardian and believe Company may have inadvertently collected personal information from your child under age 18, please notify Company immediately by sending an email to email@example.com detailing the basis of your belief and your request.
5. Proprietary Rights: You acknowledge and agree that, as between Company and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Brunch with Tiffany, its affiliates, suppliers, vendors or licensors (collectively, “Company Entities”) and are protected by United States intellectual property and other applicable laws. You may use the Website and the Contents contained in the Website solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other Content from the Website, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
6. Your Indemnity of Company: You agree to hold harmless and indemnify Company, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Company site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If Company receives notice of such a claim from someone other than the member whose use of the site is in question, Company will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.
7. Communication Services: The Website may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities or other message or communication facilities designed to enable you and others to communicate with other Website users or Company (collectively, “Communication Services”). You acknowledge that your submissions to the Website may be or become available to others on the Website and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service.
8. Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Company reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Company may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
a. Use the Website or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
b. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
c. Take any action that imposes an unreasonable or disproportionately large load on a Website’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.
d. Use the Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
e. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Websites in any manner.
f. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
g. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, intentionally false, or unlawful topic, name, material, content, or information.
h. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
i. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
j. Use the Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
k. Harvest or otherwise collect information about others, including email addresses, without their consent.
l. Engage in any other action that, in the judgment of Company, exposes it or any third party to potential liability or detriment of any type.
m. Use the Website to serve third-party players such as custom flash or HTML5 players, mobile applications, or TV applications without the prior explicit approval of Company. Video files hosted or served by Company may only be embedded using the Website player and/or Company platforms.
n. Use the Website to host videos which serve primarily to promote or support a business enterprise. This includes, but is not limited to commercials, testimonials, product demonstrations, product or service overviews, etc. Exception to this policy may be made solely at Company’s discretion.
o. Engage in the sale of access to Website hosted Content, including but not limited to embedded players, download links, paywalls or through paid apps on mobile, desktop, television, or other application marketplaces.
9. Exposure to Content: Any Content or views posted or made available through the Website are strictly those of the originating author or user, who is solely responsible for such Content. Use of or reliance on any Content is entirely at your own risk. Company does not endorse any Content posted by others nor vouch for its reliability. Under no circumstances will Company be liable in any way for any Content posted by others. You acknowledge that Company may or may not pre-screen Content posted by others, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete, alter, repost, or move any such Content, including without limitation any Content that violates the Terms or are otherwise objectionable in Company ’s sole discretion. Company shall have no liability for such handling of Content. By viewing this Website, you agree that viewing and reading the Content does not violate the laws or standards imposed by your town, city, state or country. You understand that by using this Website, you may be exposed to Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any Content. You further acknowledge and agree that you will not rely on any Content available on or through the Website.
10. Submissions: You are solely responsible for the Content that you post, share, email, transmit or otherwise make available via the Website (“Submission”). All Submissions are subject to these Terms. Company is under no obligation to post or use any Submission and may pre-screen, refuse, delete, alter, repost, or move any Submission at any time in its sole discretion. By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe or violate any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless the Company Entities from and against any and all claims concerning any use, publication, deletion, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and all necessary rights to post, publish, distribute, or transmit your Submission. You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Website users and to users of other websites and services throughout the world. When you upload or post a Submission to Company, that Submission becomes public content and may be searchable by and available to anyone who visits Company site. Company does not claim ownership of the materials you post, upload, input or submit to the Company site. However, by posting, uploading, inputting, providing or submitting your Submission to Company, you are granting Company, its affiliated companies and partners, a worldwide, revocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that Submission for the purposes of displaying it on Company and on other Web sites, devices and/or platforms. When you upload or post a Submission to Company site, you grant Company a license to distribute that Content, including to third parties, either electronically or via other media, to users seeking to download it through Company site or for purposes of other services provided by Company and to display such Content on Company affiliated sites. This license shall apply to the distribution and the storage of your Submission in any form, medium, or technology now known or later developed as necessary for us to provide the Company services as they now exist or are developed in the future.
11. Prohibited Content: The following content is prohibited on the Website :
a. Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
b. Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
c. Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
d. Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of Company, does not otherwise have redeeming value to the community.
e. Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
f. Content promoting or providing instructional information about illegal activities.
g. Content depicting cruelty to animals.
h. Copyrighted content or material that is used without the express permission of the owner.
i. Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
j. Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
k. Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of Company servers or another users computer.
l. Content that violates any applicable laws or regulations not specifically referenced herein.
13. Copyright and Other Intellectual Property: The Content on the Website, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to Company, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. Company reserves all rights not expressly granted in and to the Website and said Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said Content. All copyright, trademarks, service 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, other than user-generated Content, shall remain at all times the property of Company, its affiliates, associated companies, and/or licensors. The names, images and logos identifying Company are proprietary marks of Company, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of Company, its associated companies and affiliates, or any third party unless expressly stated otherwise.
14. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, § 512(c)(2), if you believe in good faith that your copyrighted work has been reproduced and is accessible on the Website in a way that constitutes copyright infringement, please provide our DMCA Agent with a written communication containing the following information.
IMPORTANT NOTE: ONLY DMCA NOTICES WILL RECEIVE A RESPONSE.
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Website that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
(e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Claims of infringement which include the above required information must be submitted via postal mail or e-mail to Company ’s DMCA Agent as follows: ___________
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). United States law provides significant penalties for submitting such a statement falsely.
15. Links to Other Websites: The Website may contain advertisements, postings and links to websites operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of Company which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. Company disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
16. Modifications: Company reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Website, Content or Activities, or any portion thereof, with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, Content or Activities. You should retain copies of your Submissions that you may want to save and not rely on the Website to preserve your Submissions.
17. Suspension and Termination: Company reserves the right, at its sole discretion, immediately, with or without notice, and with or without cause to suspend, discontinue, or terminate your access to the Website, Content or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Company shall not be liable to you or any third party for any such suspension, discontinuance or termination.
18. Disclaimers and Limitation of Liability: THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Company MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. Company MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Company DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
20. Notice Required by California Law: Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this service is______ . Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the provider of this service at The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
21. No Professional Advice. Any information supplied by any of our employees or agents, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Services, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Website, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.