Terms of Service

Terms of Service

1. Your Acceptance

This is an agreement between Brunch LLC, a Delaware corporation ("Brunch"), the owner and operator of www.BrunchApp.com (the "Brunch Site") and Brunch software, including - but not limited to - all content provided by Brunch through the Brunch Site and/or the Brunch App (collectively the "Brunch Service," or the "Service"), and you ("you" or "You"), a user of the Service.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND BRUNCH'S PRIVACY POLICY, WHICH CAN BE FOUND at: http://www.brunchapp.com/tos and http://www.brunchapp.com/privacy AND WHICH ARE INCORPORATED HEREIN BY REFERENCE.

If you choose to not agree with any of these terms, you may not use the Service.

2. Brunch Service

These Terms of Service apply to all users of the Brunch Service. Information provided by our users through the Brunch Service may contain links to third-party websites that are not owned or controlled by Brunch. Brunch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Brunch will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Brunch shall not be responsible for any damages, claims or other liability arising from or related to the authorized or unauthorized use of or exposure to any third-party website.

3. Brunch Access

A. Subject to these Terms of Service, Brunch hereby grants you permission to use the Service, provided that: (i) the Service is solely for personal use and any resale or charge for others' use of or access to the Service is strictly prohibited; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Brunch's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with these Terms of Service and Privacy Policy which Brunch - at its sole discretion and without prior notice - may update or amend from time to time.

B. In order to access and use the Service, all users must provide Brunch with the mobile phone number which corresponds with their Brunch account. To enable the Brunch Service, you expressly acknowledge, agree and authorize Brunch to access periodically the contact lists and/or address books stored on your mobile device.

By using the Service, you agree the mobile phone number provided to Brunch is accurate and complete. You also are solely responsible for all status messages submitted and/or displayed for your mobile phone number on the Brunch Service. You must notify Brunch immediately of any breach of security or unauthorized use of your mobile phone. Although Brunch will not be liable for your losses caused by any unauthorized use of your account, you may be liable to indemnify Brunch for any losses Brunch or any others may sustain due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Brunch servers in a given period of time than a human can reasonably produce in the same period by using a Brunch application, and you are forbidden from ripping the content without the prior written authorization of Brunch. Notwithstanding the foregoing, Brunch grants the operators of public search engines permission to use spiders to copy materials from the Brunch Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Brunch reserves the right - at its sole discretion and without prior notice - to revoke these exceptions either generally or in any specific case. While Brunch generally does not prohibit the use of sniffers such as Ethereal, tcpdump or HTTPWatch, Brunch strictly prohibits all efforts by any means to reverse-engineer our system or our protocols, or to explore outside the boundaries of the normal requests made by Brunch account holders.

Brunch strictly prohibits use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. No measure, test, health check or other effort to monitor any network equipment, servers or assets hosted on the Brunch domain is permitted without a prior Brunch's prior written authorization. Further, you agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights

The design of the Brunch Service along with Brunch created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below) and trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Brunch and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Brunch reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying or distribution of any of the Service other than expressly permitted herein, including any use, copying or distribution of Status Submissions of third-parties obtained through the Service for any commercial purposes.

5. User Status Submissions And Comments

A. The Brunch Service allows Brunch users to submit status text, photos and other communications, as well as comment on other users' status (collectively "Status Submissions"). THESE STATUS SUBMISSIONS AND COMMENTS ARE NOT CONFIDENTIAL.

Status submissions and comments may be hosted, shared and/or published as part of the Brunch Service, and may be visible on the Brunch Service. By using the Service, you expressly acknowledge and agree Status Submissions and comments are NOT CONFIDENTENTIAL and may be globally viewed by other users and anyone in the general public.

As part of the Warranty Disclaimer set forth herein (Paragraph 6), Brunch disclaims any and all liability in connection with user status submissions or comments, including - but not limited to - the content, publication, re-publication, and/or non-publication of those submissions and comments on the Service or in any other medium.

B. You shall be solely responsible for your own Status Submissions and comments, and the consequences of posting or publishing them. Because Brunch is only acting as a repository of data, Status Submissions and comments do not necessarily represent the views or opinions of Brunch, and Brunch makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions and comments, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Brunch to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions and comments to enable inclusion and use of the Status Submissions and comments in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission or comment to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions and comments in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions and comments, but you have to have the rights in the first place. However, by submitting the Status Submissions and comments to Brunch, you hereby grant Brunch a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Status Submissions and comments in connection with the Brunch Service and Brunch's business, including without limitation for promoting and redistributing part or all of the Brunch Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Brunch Service a non-exclusive license to access your Status Submissions and comments through the Service. The foregoing license - with the exception of the license granted to Brunch - terminates once you remove or delete a Status Submission or comment from the Brunch Service.

C. In connection with Status Submissions and comments, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Brunch all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Brunch or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such. Brunch does not endorse any Status Submission or comment, or any opinion, recommendation, or advice expressed therein, and Brunch expressly disclaims any and all liability in connection with Status Submissions or comments.

Brunch also does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Brunch will remove all content from Status Submissions and comments if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Brunch user allegedly infringing the copyrighted work; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at Brunch.com.

Brunch reserves the sole discretion to decide whether content, a Status Submission or comment is appropriate and complies with these Terms of Service. Brunch - with or without prior notice and for any or no reason at all may: (i) remove Status Submissions or comments; and/or (ii) terminate a user's access to the Service.

E. You understand that when using the Brunch Service you will be exposed to Status Submissions and comments from a variety of sources, and that Brunch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions or comments, and that such Status Submissions and comments are not the responsibility of Brunch. You further understand and acknowledge that you may be exposed to Status Submissions or comments that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Brunch with respect thereto, and agree to indemnify and hold Brunch, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters in connection with the Brunch Service.

F. Brunch permits you to link to materials on the Service for personal purposes only. Brunch reserves the right to discontinue any aspect of the Brunch Service at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE BRUNCH SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BRUNCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND ANY USE THEREOF. BRUNCH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY COMMERCIAL, FINANCIAL OR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, SUSTAINED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS OR USE OF BRUNCH SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD-PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BRUNCH SERVICE. BRUNCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE BRUNCH SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND BRUNCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

7. Limitation of Liability

IN NO EVENT SHALL BRUNCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) COMMERCIAL, FINANCIAL OR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, SUSTAINED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BRUNCH SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BRUNCH SERVERS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD-PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA BRUNCH OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRUNCH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BRUNCH SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Brunch from its facilities in the United States of America. Brunch makes no representations that the Brunch Service is appropriate or available for use in other locations. Those who access or use the Brunch Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless Brunch, its parent corporation, officers, directors, employees and agents, from and against any and all claims, suits, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and/or access to the Brunch Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions or comments caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Service and your use and/or access of the Brunch Service.

9. Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Brunch Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Brunch Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Brunch is the developer of the Service, with an address at 711 Centerville Road, Suite 400, Wilmington, DE, 19808, info at brunchapp.com.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Brunch without restriction.

11. General

You agree that: (i) the Brunch Service shall be deemed solely based in Illinois; (ii) the Brunch Service shall be deemed a passive server that does not give rise to personal jurisdiction over Brunch, either specific or general, in jurisdictions other than Illinois; and (iii) that you agree to be subject to personal jurisdiction in courts of competent jurisdiction located in Cook County, Illinois in the event of any legal dispute.

These Terms of Service shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and Brunch that arises in whole or in part from the Brunch Service shall be litigated exclusively in a court of competent jurisdiction located in Cook County, Illinois. These Terms of Service, together with the Privacy Policy at http://www.brunchapp.com/privacy and any other legal notices published by Brunch, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Brunch concerning the Brunch Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

All rights under these Terms of Service are expressly reserved and cannot be waived without the express written authorization of Brunch. Brunch's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Moreover, no one time written waiver of any specific term or condition of these Terms of Service shall act as a continuing waiver of such term or any other term.

Brunch reserves the exclusive right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Brunch Service. Your continued use of the Brunch Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Brunch AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BRUNCH SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This Terms of Service was last modified March 1, 2016