This Agreement, which incorporates by reference other provisions applicable to use of Lunchtime, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Lunchtime, sets forth the terms and conditions that apply to use of Lunchtime by User. By using Lunchtime (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Lunchtime is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
Lunchtime shall have the right at any time to change or discontinue any aspect or feature of Lunchtime, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Lunchtime shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Lunchtime, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Lunchtime, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Lunchtime by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Through its Web property, Lunchtime provides User with access to a variety of resources, (“Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
User shall use Lunchtime for lawful purposes only. User shall not post or transmit through Lunchtime any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Lunchtime’s discretion restricts or inhibits any other User from using or enjoying Lunchtime will not be permitted.
Lunchtime contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, graphics, and the entire contents of Lunchtime are copyrighted as a collective work under the Australian copyright laws. User may not modify, publish, transmit, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Lunchtime and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on Lunchtime any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Lunchtime, User automatically grants, or warrants that the owner of such material has expressly granted Lunchtime the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Lunchtime the right to edit, copy, publish and distribute any material made available on Lunchtime by User.
The foregoing provisions of Section 5 are for the benefit of Lunchtime, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Lunchtime has no obligation to monitor the Communication Services. However, Lunchtime reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Lunchtime reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Lunchtime reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lunchtime’s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. Lunchtime.com.au] does not control or endorse the content, messages or information found in any Communication Services and, therefore, Lunchtime.com.au specifically disclaims any liability with regard to the Communication Services and any actions resulting from Users participation in any Communication Services. Managers and hosts are not authorized Lunchtime spokespersons, and their views do not necessarily reflect those of Lunchtime.
If any of the Services requires User to open an account, User must complete the registration process by providing Lunchtime with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password User is entirely responsible for maintaining the confidentiality of Users password and account. Furthermore, User is entirely responsible for any and all activities that occur under Users account. User agrees to notify Lunchtime immediately of any unauthorized use of User’s account or any other breach of security. Lunchtime will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Lunchtime or another party due to someone else using Users account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
In no event shall lunchtime and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
The links in this area will let you leave Lunchtime’s site. The linked sites are not under the control of Lunchtime and Lunchtime is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Lunchtime is not responsible for webcasting or any other form of transmission received from any linked site. Lunchtime is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lunchtime of the site.
Lunchtime is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Lunchtime, are those of the respective author(s) or distributor(s) and not of Lunchtime. Neither Lunchtime nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through Lunchtime represents the opinions and judgments of the respective information provider, User, or other user not under contract with Lunchtime. Lunchtime neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Lunchtime by anyone other than authorised Lunchtime employee spokespersons while acting in their official capacities. Under no circumstances will Lunchtime be liable for any loss or damage caused by a User’s reliance on information obtained through Lunchtime. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Lunchtime.com.au. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Lunchtime shall have the right, but not the obligation, to monitor the content of Lunchtime, to determine compliance with this Agreement and any operating rules established by Lunchtime and to satisfy any law, regulation or authorized government request. Lunchtime shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Lunchtime. Without limiting the foregoing, Lunchtime shall have the right to remove any material that Lunchtime, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Lunchtime, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Lunchtime by User or User’s Account.
© Lunchtime.com.au Pty Limited (ABN 50 111 997 507) 2005. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Envision Corporation.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.