Terms and Conditions

Acceptance of terms

The services that HungryHuman provides to its users are subject to the following Terms of Use (“TOU”). HungryHuman reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms and Conditions ” hypertext link located at the bottom of our Web pages.

This Agreement, which incorporates by reference other provisions applicable to use of HungryHuman, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in HungryHuman, sets forth the terms and conditions that apply to use of HungryHuman by User. By using HungryHuman (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 HungryHuman 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.

HungryHuman shall have the right at any time to change or discontinue any aspect or feature of HungryHuman, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Changed Terms

HungryHuman shall have the right at any time to change or modify the terms and conditions applicable to User’s use of HungryHuman, 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 HungryHuman, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of HungryHuman by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

Description of services

Through its Web property, HungryHuman 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 conduct

User shall use HungryHuman for lawful purposes only. User shall not post or transmit through HungryHuman 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 HungryHuman’s discretion restricts or inhibits any other User from using or enjoying HungryHuman will not be permitted.

HungryHuman contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, graphics, and the entire contents of HungryHuman 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 HungryHuman 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 HungryHuman 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 HungryHuman, User automatically grants, or warrants that the owner of such material has expressly granted HungryHuman 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 HungryHuman the right to edit, copy, publish and distribute any material made available on HungryHuman by User.

The foregoing provisions of Section 5 are for the benefit of HungryHuman, 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.

Use of services

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:

HungryHuman has no obligation to monitor the Communication Services. However, HungryHuman reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. HungryHuman 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. HungryHuman 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 HungryHuman’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. HungryHuman does not control or endorse the content, messages or information found in any Communication Services and, therefore, HungryHuman specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized HungryHuman spokespersons, and their views do not necessarily reflect those of HungryHuman.

Member account, password and security

If any of the Services requires User to open an account, User must complete the registration process by providing HungryHuman 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 User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify HungryHuman immediately of any unauthorized use of User’s account or any other breach of security. HungryHuman 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 HungryHuman or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

Notices regarding services available on this site

In no event shall HungryHuman 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.

Disclaimer of warranty; Limitation of liability

Links to third party sites

The links in this area will let you leave HungryHuman’s site. The linked sites are not under the control of HungryHuman and HungryHuman 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. HungryHuman is not responsible for webcasting or any other form of transmission received from any linked site. HungryHuman is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HungryHuman of the site.

HungryHuman 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 HungryHuman, are those of the respective author(s) or distributor(s) and not of HungryHuman. Neither HungryHuman 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 HungryHuman represents the opinions and judgments of the respective information provider, User, or other user not under contract with HungryHuman. HungryHuman neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on HungryHuman by anyone other than authorised HungryHuman employee spokespersons while acting in their official capacities. Under no circumstances will HungryHuman be liable for any loss or damage caused by a User’s reliance on information obtained through HungryHuman. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through HungryHuman. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Monitoring

HungryHuman shall have the right, but not the obligation, to monitor the content of HungryHuman, to determine compliance with this Agreement and any operating rules established by HungryHuman and to satisfy any law, regulation or authorized government request. HungryHuman shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on HungryHuman. Without limiting the foregoing, HungryHuman shall have the right to remove any material that HungryHuman, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification

User agrees to defend, indemnify and hold harmless HungryHuman, 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 HungryHuman by User or User’s Account.

Copyright notice

© HungryHuman. 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.

Trademarks

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.