Terms of Use

Brunch With Tiffany website (“Website”) is a service offered by Brunch with Tiffany (“Company”) which requires that all users comply with these User Terms of Use (“Terms”) and describes the terms and conditions applicable to all usersaccess to and use of the Website. These Terms shall incorporate by reference the Company’s Privacy Policy found here on the Website.

 

1.         Agreement to Terms and Updates: By accessing or using the Website, you acknowledge that you have read, understand and agree to be bound by these Terms, including the Privacy Policy incorporated herein by this reference, which forms an agreement between you and Company that is effective as if you had signed it. YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY. Company may revise the Terms at any time by posting the revised Terms on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Company may make changes to the Website, Content (defined below), Activities (defined below), products, services or features of the Website at any time. You understand and agree that Company may discontinue or restrict your use of the Website at any time, for any reason or no reason, with or without notice.

 

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 guardians 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 brunchwithtiffany@gmail.com detailing the basis of your belief and your request.

 

3.         Permitted Uses: The Website and its content, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (“Content”), is the sole and exclusive property of Company or other content providers or users. You agree not to access the Website by any means other than through a standard web browser or mobile device. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Website or in the Content. Special terms may apply to some products, services or features offered on the Website, or to any sweepstakes, contests, surveys or promotions that may be offered on the Website (collectively, the “Activities”). Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

 

4.         Privacy Policy: Please review the Privacy Policy for the Website, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Website.

 

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 Websites 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 anothers 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 persons or entitys 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.

 

12.       Additional Conditions: As a condition of your use of the Company site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other parties’ use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other Company proprietary materials, through any means not intentionally made available or provided for through the Company site. Company has no obligation to monitor the Content which has been uploaded to the Website for compliance with the foregoing. However, Company reserves the right to review materials uploaded to the Website and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. Company reserves the right to terminate your access to any or all of the services offered by Company at any time without notice for any reason whatsoever. You agree to use the services provided by Company only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use the Website in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, the Website through an interface or in a manner that would interfere with the monetization of Websitehosted Content or the honoring of copyright licenses attached to Website hosted Content. You also agree that you will not access the Website from any territory where its contents are illegal. Company does not control or endorse the content, messages, opinions, advice, or information found in any user-generated Content or uploaded material and, therefore, Company specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated Content.

 

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.

You shall be solely responsible for your own Content and the consequences of posting or publishing said Content. In connection with all Content that you upload to Company, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said Content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use. In addition to posting your own content on the Website (which shall in all cases be subject to the license grants set forth in Paragraph 10 of these Terms of Use), you can also enjoy the many videos uploaded by others in the Website community. The Website includes a combination of content that we license from third party partners and content that is created and posted by our users. All of the Content on the Website is protected by the copyright of one or more of the following: Company, our partners or our users. Materials uploaded to the Website may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. As a creator of Content uploaded to the Website or as a passive user of the Website, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content on the Website in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such Content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

 

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.

 

 

22. Governing Law and Disputes: Any dispute between you and Company arising out of or relating to these Terms, the Privacy Policy, the Website or its Content shall be governed by, and will be construed in accordance with, the laws of the State of Texas, without regard to choice of law principles. You agree to submit to the jurisdiction and venue of the federal and state courts located in Houston, Texas. The Website is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own risk, and are responsible for compliance with local laws. Company does not represent that the Website or Content is appropriate outside the United States of America. Company reserves the right to limit the availability of the Website for any person, geographic area or jurisdiction at any time in its sole discretion. You are required to comply with all applicable laws and regulations in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us. By using the Website, you represent and warrant that you will not use the Website for any purpose that is either unlawful or prohibited by this Agreement. We reserve the right to disclose any information about you or your use of the Website in connection with any investigations by us or law enforcement authorities as may be appropriate or necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

23. Miscellaneous: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Company s failure to act with respect to any failure by you or others to comply with these Terms does not waive Company s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Company, and any assignment or transfer in violation of this provision shall be null and void. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Website, including without limitation the right to block access from a particular internet address.