TERMS AND CONDITIONS
Welcome to lunchblocks.com (?Lunchblocks?).Concoction Lab, LLC (?Concoction,? we,? ?us,? or ?our?) provides the?Lunchblocks website (the ?Website?) to you subject to the following conditions (?Terms? or ?Agreement?). Please read the Terms carefully. If you visit or shop at Lunchblocks.com, you accept these Terms and certify that you are above the age of majority in your jurisdiction. In addition, when you use any current or future Lunchblocks service or business, you also will be subject to the Terms.
We may change the terms of this Agreement from time to time. By continuing to use the Website after we post any such changes, you accept the Agreement, as modified.
USE OF THE WEBSITE
You certify that the information you provide on the Website is accurate and complete.?You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Website, or any portion of the Website, at any time without notice.
You are prohibited from:
?Violating or attempting to violate the security of the Website;
?Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; or
?Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Lunchblocks or other third party web browsers) to navigate or search the Website.
Lunchblocks allows users to submit and share recipes, comments, feedback, submissions, suggestions, questions, reviews, and other content through the Website (?Content?).
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
A. ???License Grant for Submitted Content
If you make any submission to the Website, you automatically grant, or warrant that the owner of such Content has expressly granted, us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense our rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. You agree that Content is submitted to us on a non-proprietary and non-confidential basis. We will not pay any compensation for any Content. You grant Lunchblocks the right to use the name that you submit in connection with any Content.
B. ???Prohibited Content
You represent and warrant that you will not submit the following Content:
a.Content that is false, inaccurate, or misleading;
b.Content that contains any confidential identifiable information of yourself that you do not want to appear on the Website or any confidential identifiable information of others;
c.Content that violates any local, state, federal, or international laws;
d.Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e.Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as we determinein our sole discretion;
f.Advertisements, solicitations or spam links to other websites or individuals, without our prior written permission;
g.Chain letters or pyramid schemes;
h.Content that impersonates another business, person or entity, including us, our related entities, employees and agents;
i.Content that contains viruses or other harmful computer code;
j.Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k.Content for which you were compensated or granted any compensation by any third party unless we otherwise expressly authorize in writing; or
l.Content that violates any policy posted on the Website or interferes with the use of the Website by others.
Although we cannot monitor all Content, you understand that we shall have the right, but not the obligation, to monitor the Content of the Website to determine compliance with this Agreement and any other operating rules that we may establish from time to time. We shall have the right, in our sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Website for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify us and our affiliates for all claims resulting from any Content you submit.
THIRD PARTY SITES
References on Website to any names, marks, products, or services of third parties, or links to?third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. We are not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Lunchblocks site is at your own risk and will be governed by such third party?s terms and policies.
INFORMATION?PROVIDED ON THE WEBSITE
Lunchblocks and users may post a variety of material on the Website including without limitation, merchandise information, product descriptions, reviews and comments (collectively, ?Materials?). The Materials that appear on the Website are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Website, you should confirm any facts that are important to your decision. Neither we nor our information providers make any warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Website. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.
No health, wellness or nutritional information is intended to substitute for the diagnosis, treatment and advice of a medical professional. Advice received through the Website should not be relied upon for personal or medical decisions. You should consult an appropriate professional for specific advice tailored to your situation.
CONCOCTION LAB, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE WEBSITE.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the ?IP?) are owned, controlled or licensed by Lunchblocks, one of its affiliates or by third parties who have licensed their materials to Lunchblocks and are protected by trademark and copyright laws.
Lunchblocks, the Lunchblocks.com name and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the?Website are our trademarks or trade dress of Lunchblocks. All other marks are the property of their respective companies.
You may access, view, download, and print the IP and all other materials displayed on the Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in any commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Website or any related software. All software used on the Website is the property of Lunchblocks, Concoction Lab or their suppliers and protected by copyright laws. The IP and software on the Website may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on the Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Website is the exclusive property of Concoction LAB and is also protected by copyright laws.
You agree to defend, indemnify, and hold harmless Concoction LAB and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys? fees, arising from or related to your use of the Website or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website. We also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly?destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: ?Use of the Website,? ?Content Submission,? ?Information Provided on the Website,? ?Intellectual Property,? ?Privacy,? Indemnification,? ?Termination,? ?Disclaimer,? ?Limitation of Liability? and ?General.?
THIS SITE IS PROVIDED BY CONCOCTION LAB ON AN ?AS IS? AND ?AS AVAILABLE? BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE TIMELINESS OR ACCURACY OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CONCOCTION LAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CONCOCTION LAB OR ANY OF ITS AFFILIATES, EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CONCOCTION LAB HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL CONCOCTION LAB BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES YOU PAID IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms of this Agreement shall remain in full force and effect. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New Jersey law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Website must be brought in the state or federal courts located in Essex County, New Jersey, and you consent to the exclusive personal jurisdiction of such courts.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (?DMCA?) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
B.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
C.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 us to locate the material;
D.Your address, telephone number, and email address;
E.A statement that you have 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
F.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lunchblocks? designated Copyright Agent to receive notifications of claimed infringement is Amalia Luyet McMahan; email: email@example.com;. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. You may be liable for damages, including court costs and attorney?s fees, if you materially misrepresent that Content on the Lunchblocks Website and/or application is infringing.
Last updated on November 9, 2015.
? 2015 Concoction Lab, LLC. All Rights Reserved.