(The "MeetForLunch Website") and any other features, content, or applications offered from time to time by MeetForLunch.com in connection with the MeetForLunch Website (collectively, the "MeetForLunch Services"). The MeetForLunch Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MeetForLunch Services. By using the MeetForLunch Services, you agree to be bound by this Agreement, The term "User" refers to those persons who register to utilize our services. You are only authorized to use the MeetForLunch Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MeetForLunch Website and discontinue use of the MeetForLunch Services immediately. You must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MeetForLunch.com's policy for acceptable use of the MeetForLunch Services and your rights, obligations and restrictions regarding your use of the MeetForLunch Services and MeetForLunch.com's Privacy Policy. In order to participate in certain MeetForLunch Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MeetForLunch Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
MeetForLunch.com may modify this Agreement from time to time and such modification shall be effective upon posting by MeetForLunch.com on the MeetForLunch Website. You agree to be bound to any changes to this Agreement when you use the MeetForLunch Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
MeetForLunch.com reserves the right, in its sole discretion, to terminate your access to all or any part of the MeetForLunch Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility - Use of MeetForLunch Services is void where prohibited. Children are not eligible to use our services, and we ask that minors (under the age of 18) not submit any personal information to us. By using the MeetForLunch Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the MeetForLunch Services does not violate any applicable law or regulation. As per the Children's Online Privacy Protection Act, any information we receive from people we believe to be under the age of 18 will be purged from our database, and you hereby acknowledge that your postings may be deleted and your Membership may be terminated without warning, if we believe that you are under the age of 18.
Safety - Be advised that that Internet dating can be unsafe. MeetForLunch.com does not perform any background checks of any kind (including but not limiting to criminal, health and other checks) on any of our members and/or site users. It is highly recommended that MeetForLunch.com members get to know each other prior to agreeing to meet. Initial meetings should use common sense, such as meeting in a public places, carrying mobile phones, etc… For additional safety advice, contact public authorities.
Fees - You acknowledge that MeetForLunch.com reserves the right to charge for the MeetForLunch Services (If such fee (if any) is disclosed on the order form page of the MeetForLunch website) and to change its disclosed fees from time to time in its discretion.
Charges (If disclosed on the order form page of the MeetForLunch website) -
1. General. MeetForLunch bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay MeetForLunch all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize MeetForLunch to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. MeetForLunch reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
2. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If MeetForLunch does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
3. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial.
Non-commercial Use by Members - The MeetForLunch Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MeetForLunch.com. Appropriate legal action will be taken for any illegal or unauthorized use of the MeetForLunch Services.
Proprietary Rights in Content on MeetForLunch.com -
1. By displaying or publishing ("posting") any Content on or through the MeetForLunch Services, you hereby grant to MeetForLunch.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MeetForLunch Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the MeetForLunch Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MeetForLunch Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
3. MeetForLunch.com Content is or may be protected by copyright, trademark, patent, trade secret and other laws, and MeetForLunch.com owns and retains all rights in the MeetForLunch.com Content and the MeetForLunch Services. MeetForLunch.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MeetForLunch.com Content (excluding any software code) solely for your personal use in connection with viewing the MeetForLunch Website and using the MeetForLunch Services.
4. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MeetForLunch Services.
Content Posted - MeetForLunch.com may delete any Content that in the sole judgment of MeetForLunch.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MeetForLunch.com assumes no responsibility for monitoring the MeetForLunch Services for inappropriate Content or conduct. If at any time MeetForLunch.com chooses, in its sole discretion, to monitor the MeetForLunch Services, MeetForLunch.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Content/Activity Prohibited - The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MeetForLunch Services. MeetForLunch.com reserves the right to investigate and take appropriate legal action against anyone who, in MeetForLunch.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the MeetForLunch Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MeetForLunch.com:
1. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. Exploits people in a sexual or violent manner;
3. Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
4. Solicits personal information from anyone under 18;
5. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
9. Includes a photograph of another person that you have posted without that person's consent; or
10. For band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
11. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
12. Interfering with, disrupting, or creating an undue burden on the MeetForLunch Services or the networks or services connected to the MeetForLunch Services;
13. Using any information obtained from the MeetForLunch Services in order to harass, abuse, or harm another person;
14. Displaying an advertisement in any posting or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MeetForLunch Services on behalf of that person, such as placing commercial content in any posting, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
15. Using the MeetForLunch Services in a manner inconsistent with any and all applicable laws and regulations.
Copyright Policy - You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the MeetForLunch Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MeetForLunch Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Privacy - Use of the MeetForLunch Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers - Inclusion of any linked website on the MeetForLunch.com Services does not imply approval or endorsement of the linked website by MeetForLunch.com. When you access these third-party sites, you do so at your own risk. MeetForLunch.com takes no responsibility for third party advertisements which are posted on this MeetForLunch.com Website or through the MeetForLunch.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. MeetForLunch.com is not responsible for the conduct, whether online or offline, of any User of the MeetForLunch.com Services. MeetForLunch.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. MeetForLunch.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the MeetForLunch.com Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MeetForLunch.com Services. Under no circumstances shall MeetForLunch.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MeetForLunch.com Services, attendance at a MeetForLunch.com event, from any Content posted on or through the MeetForLunch.com Services, or from the conduct of any Users of the MeetForLunch.com Services, whether online or offline. The MeetForLunch.com Services are provided "AS-IS" and as available and MeetForLunch.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. You understand that this is NOT intended to provide medical advice and that the results provided to you by MeetForLunch.com are estimates for entertainment purposes only. MeetForLunch.com cannot guarantee and does not promise any specific results from use of the MeetForLunch.com Services.
Limitation on Liability - IN NO EVENT SHALL MeetForLunch.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MeetForLunch.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MeetForLunch.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MeetForLunch.COM FOR THE MeetForLunch SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls - Software available in connection with the MeetForLunch Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the MeetForLunch Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Binding Arbitration - If there is any dispute about or involving the MeetForLunch.com Services, you agree that all such disputes will be arbitrated according to the rules of the American Arbitration Association in New York, NY, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, it being your intent that this arbitration agreement be broadly construed, and that the decision of the arbitrators will be final. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators.
Further, you agree that in that arbitration there will be no depositions taken, and all other forms of discovery of facts will be limited to those things the arbitrators determine, in their sole discretion, to be necessary. Further, in that arbitration, (i) there shall be no award of punitive, exemplary, incidental, or consequential or other special damages, (ii) all damages claims and awards will be governed by the laws of the state of New York, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorney fees. If you are unable to afford the fee of the American Arbitration Association, you agree to notify all persons against whom you have an arbitrable claim and give them the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
Indemnity - You agree to indemnify and hold MeetForLunch.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MeetForLunch Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MeetForLunch Website or through the MeetForLunch Services causes MeetForLunch.com to be liable to another.
Other - This Agreement is accepted upon your use of the MeetForLunch Website or any of the MeetForLunch Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and MeetForLunch.com regarding the use of the MeetForLunch Services. The failure of MeetForLunch.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. MeetForLunch.com is a trademark of MeetForLunch, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
