TERMS AND CONDITIONS OF USE
UPDATED 22 NOVEMBER 2006
This site ("Site") is owned by Eat Your Lunch LLC ("Eat Your Lunch", "us", "we" or "our").
ACCESS TO THE SITE.
If you are under 18 years of age, your parent or legal guardian ("Guardian") must read, understand and agree to be bound by the following:
As Guardian, I represent and warrant that I am the parent or legal guardian of the Site User, and that has read, understood and agreed to be bound by these Terms and that I am able to contract in my own name. I guarantee his/her compliance with and performance of all obligations contained in the Terms. I acknowledge that I have read or have had read to me and understand the contents of the Terms and expressly grant Site User permission to access, browse, and/or use the site.
If you and/or your Guardian (if applicable) do not or cannot agree to the Terms including the Additional Terms, if any, please do not use the Site or any of the services offered through the Site.
To use the Site, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all fees associated with such access.
You agree that you are only authorized to visit, view and retain a single copy of pages of the Site for your own internal use and not on behalf of any other person or entities, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal and/or personal use unless otherwise specifically authorized by us in writing. We post legal notices and various credits on pages of the Site, which may not be removed even from your permitted copies. Please do not remove these notices or credits, or any additional information contained along with the notices and credits.
You agree not to create any frames at any other Web sites pertaining to or using any of the Content for any purpose, unless specifically authorized by us in writing to do so.
SECURITY, CRACKING AND HACKING.
You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account that you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written authorization; or (iv) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, might be accessed by unauthorized third parties when communicated over the Internet.
YOU ARE RESPONSIBLE FOR YOUR ACTIONS
You represent and warrant that any information you post or provide to us by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is lawful, truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Site including, without limitation, any Content, product or service information or recommendations, are not offered with any warranty or representation as to accuracy, performance or suitability for your intended purpose or compliance with applicable law. We expect that you will exercise caution in using information supplied through the Site. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any tortious, fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, including any materials that promote violence or assist in causing or carrying out such violence or materials that holds Eat Your Lunch or its employees, officers, directors, shareholders, affiliates or the Site up to public scorn or ridicule; and (iv) transmitting material intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site, including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or computer programming routines or engines.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to: (i) transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of these Terms, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
We will place content ("Content") on the Site for you to examine from time to time. Examples of possible Content includes: text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by us on, through or in connection with the Site. Moreover, we attempt to display the Content in a way that will be easily accessible and useful for you, the user. All Content and materials on the Site including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Site and any services offered on the Site, are the property of Eat Your Lunch, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all Content on the Site is the exclusive property of Eat Your Lunch and is protected by U.S. and international copyright laws. All software used or made available for downloading on the Site is the property of Eat Your Lunch or its licensors and is subject to U.S. and international copyright laws. The use of any software made available for downloading on the Site, if any, is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software, which you agree to be bound to if you choose to download such software. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of Eat Your Lunch and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved by Eat Your Lunch and/or its licensors.
Eat Your Lunch is pleased to hear from its fans and welcomes your comments regarding our products and services. However, Eat Your Lunch does not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Eat Your Lunch's professional staff might seem to others to be similar to their own creative work. We ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. Again, we ask that you do not submit any creative ideas, suggestions or materials.
If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submission"), the Submission shall be deemed, and shall remain, the property of Eat Your Lunch. None of the Submission shall be subject to any obligation of confidence on the part of Eat Your Lunch and Eat Your Lunch shall not be liable for any use or disclosure of any Submission. Without limitation of the foregoing, Eat Your Lunch shall exclusively own all rights to the Submission of every kind and nature throughout the universe in perpetuity and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submission.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any content or software on this Site to countries or persons prohibited under the export control laws. By downloading such content or software, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction, including the import, export, or re-export of materials to the extent permitted under these Terms.
At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of Eat Your Lunch. Eat Your Lunch does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Eat Your Lunch provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Eat Your Lunch.
There may be circumstances where access to this Site is provided by a hypertext link located at another site. Eat Your Lunch has no responsibility for the content of such other sites, Eat Your Lunch does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and Eat Your Lunch shall not be liable for any damages or injury arising from the content of or access to these other sites. Eat Your Lunch does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SITE. WE CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, THEREFORE THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY THE LAW.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER THE CLAIM GIVING RISE TO SUCH DAMAGES IS BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR UPON ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION SHALL NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER THE FOLLOWING SECTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EAT YOUR LUNCH AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, OBLIGATIONS, JUDGMENTS, CAUSES OF ACTIONS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) BROUGHT BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
GOVERNING LAW AND ARBITRATION.
The laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of the Site, the services provided on this Site and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Chicago, Illinois under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS, U.S.A.
WAIVER AND SEVERABILITY.
No delay or omission by us to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by us. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction; provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print and review the Terms.
UPDATED 23 FEB 2011
OUR COLLECTION OF YOUR INFORMATION
In the course of using the Site, we may ask you for your name, e-mail address, postal address, and other registration information. We also may collect certain non-personally identifiable information ("Aggregate Data") when you visit many of our Web pages such as: (1) the type of browser you are using (e.g., Netscape Navigator, Internet Explorer); (2) the type of operating system you are using, (e.g., Windows or Mac OS); (3) the domain name of your Internet service provider (e.g., America Online, Earthlink); (4) the date and time you enter the Site; (5) the Internet address of the site from which you linked directly to our Site; and (6) aggregate data about the number of visits to the Site and/or aggregate data about the pages visited.
When someone under age 18 attempts to register with Eat Your Lunch, we require that he or she have a parent or guardian consent to the registration by reading the terms and conditions and then clicking a check box on the registration form. Eat Your Lunch will not accept information from children under 18 without parental consent. When any user, including a child under the age of 18, registers for an Eat Your Lunch account, we require name, birth date, state, zip code, and email address. Under the Children's Online Privacy Protection Act, no web site operator can require, as a condition of participation in an activity, that a child under the age of 13 disclose more information than is reasonably necessary. Eat Your Lunch abides by this requirement.
Eat Your Lunch will only send personally identifiable information about a child to other companies or people:
- When a parent provides consent. Parents have the option of allowing Eat Your Lunch's collection and use of their child's information without consenting to Eat Your Lunch's sharing of this information with people and companies who may use this information for their own purposes;
- When we need to send the information to companies that work on behalf of Eat Your Lunch to provide a product or service that has been requested. Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us; or
- When we respond to subpoenas, court orders or legal process, to the extent permitted by law.
HOW WE USE THE INFORMATION
We use the non-personally identifiable information ("Aggregate Data") to improve the design and content of the Site. We may use the Aggregate Data to analyze Site usage as well as create products and services to fit your needs. We may also share this Aggregate Data with our sponsors, advertisers and other third-party vendors. We shall own such Aggregate Data and may maintain copies of such as part of our records.
We may use the Personal Information that we collect to offer you other products or services that we believe might be of interest to you. If you do not wish to receive any such information or to allow us the right to use your Personal Information as described in this paragraph, please contact us in the manner identified in the "Opt-Out" section below. The Personal Information, including children's personally identifiable information that was provided to Eat Your Lunch with parental consent, will only be lawfully transferred, assigned, distributed or sold as part of Eat Your Lunch or its assets.
HOW TO CONTACT US TO OPT OUT
You may choose not to receive such marketing information and/or to allow us to use your information to send you information regarding products and services that might be of interest to you by clicking here. You will be prompted to enter the email address associated with your account, after which you may follow the provided instructions to "unsubscribe." Upon receipt and processing of an "unsubscribe" or "opt-out" request, we will, within a commercially reasonable amount of time, remove your information from any future marketing communications.
ABILITY TO UPDATE OR DELETE INFORMATION
Adults with Eat Your Lunch accounts and the legal guardians of minors with Eat Your Lunch accounts can update or delete information in their Eat Your Lunch accounts by clicking here. In addition, parents can review, edit, and delete information relating to their child's Eat Your Lunch account by clicking here. You will be prompted to enter the email address associated with your child's account, after which you may follow the provided instructions.
If a parent chooses not to allow us to further collect or use a child's information, parents can have their child's information deleted by clicking here. You will be prompted to enter the email address associated with your child's account, after which you may follow the provided instructions to "unsubscribe." Information about previous purchases from our online storefronts might possibly remain in our archived records after the account has been deleted.
SECURITY; NO LIABILITY
We have implemented security measures to help protect against the risk of loss, misuse and alteration of any information under our control. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Site, and we and our third-party licensors are not responsible for any damages or liabilities relating to any such security failures.
HOW TO CONTACT US FOR ANY REASON
Eat Your Lunch LLC
Los Angeles, CA 90046