Terms of Use

The HungryKnights.com web site (the ‘Site’) is operated by College Food Network, Inc (‘CFN’), a Florida Corporation. By accessing and using the Site, You accept and agree to these terms and conditions. CFN reserves the right to modify or revise these Terms of Use and Operation or other applicable policies at any time in its sole discretion. Modifications to these Terms of Use and Operation shall become automatically effective upon posting to the Site. Continued use of the Site after posting of modifications shall constitute your acceptance of the modified Terms of Use and Operation. In the event that you do not agree to the Terms of Use and Operation at any time, You should not continue to access or use the Site.

License and Site Access

CFN grants you a non-exclusive right and license to access and use the Site for the purpose of conducting research to identify potential restaurants of personal interest. This license does not permit You to collect or re-use or repurpose any menu listings or restaurant information, descriptions or prices other than as expressly authorized herein; to make any derivative use of the Site or its contents; or conduct any data mining activity, whether automatically with robots or spiders or manually using data gathering and extraction techniques. The Site or its contents, in whole or in part, may not be reproduced, duplicated, copied, sold, utilized or otherwise exploited for any unauthorized commercial purpose without the express written consent of CFN.

Unauthorized use under these Terms of Use and Operation shall cause the immediate and automatic termination of any license you may have previously had, and may subject You to civil and/or criminal prosecution. You may not use any HungryKnights.com, CFN, subsidiary, affiliate, partner or other logo, graphic or trademark contained on the Site without the advance written consent of CFN or appropriate third party.

CFN makes no representation or warranty that You will have continuous, uninterrupted or secure access to the Site.

Content

CFN makes no representation or warranty that the restaurant descriptions, identification, contact information, menu listings, price information, availability, hours of operation, delivery options and terms, or any other information provided on the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for personal information and research purposes only, and does not constitute an endorsement by CFN of the suitability of any restaurant, seller, service or product, whatever the respective source of information. CFN disclaims all liability for any inaccuracy, error or incompleteness in the Site content, whether arising from the original content or CFN’s incorporation of such data into the Site.

CFN and its affiliates, including HungryKnights.com, may have relationships with some of the merchants or third parties which are part of the Site content. CFN reserves the right to determine placement of Site content and may provide preferential placement to merchants or third parties with which it has a business relationship.

CFN may provide links from the Site to services provided by CFN or its affiliates, or to third-party businesses. These links are provided as a convenience to You, and do not constitute an endorsement by CFN of the content of such third-party sites nor of the business practices of such third-party businesses. CFN does not examine or evaluate, or warrant or accept responsibility for, the products, services, offerings or business practices of any third party business. CFN has no control over the quality, safety or legality of any product or service sold by third parties identified on the Site.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND AN ENTITY ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE CFN, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

IP Ownership and Copyright Infringement

CFN disclaims responsibility for the content of third parties contained on the Site ("Third Party Content"). CFN will respond to notices that Third Party Content on the Site allegedly infringes the rights of a content owner sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"). Upon receiving such notice, CFN may remove or disable access to the Third Party Content claimed to be the subject of infringement or other improper activity. Only those notices hereunder which are properly sent to CFN and which comply with the requirements of the DMCA will be acted upon.

Infringement Notification

Written notification must be submitted to the following Designated Agent:

By Mail:

HungryKnights.com
c/o College Food Network, Inc
4250 Alafaya Trail
Suite 212-334
Oviedo, FL 32765

tel: 407.557.8743
fax: 407.386.7634

To be effective, an infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;

3. Identification of the material (i.e., the Third Party Content) 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 CFN to locate the material;

4. Information reasonably sufficient to permit CFN 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;

5. A statement, as follows: "I 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

6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of the written notification containing the information as outlined in the above steps:

1. CFN shall remove or disable access to the Third Party Content that is alleged to be infringing;

2. CFN shall forward the written notification to the alleged infringer (Submitter of Content);

3. CFN shall take reasonable steps to promptly notify the Submitter of Content that it has removed or disabled access to the Third Party Content.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to CFN's Designated Agent that includes substantially the following:

1. physical or electronic signature of the Submitter of Content;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";

4. The Submitter of Content’s name, address, and telephone number, and a statement that the Submitter of Content consents to the jurisdiction of Federal District Court for the judicial district in which the Submitter of Content’s address is located, or if the Submitter of Content’s address is outside of the United States, for any judicial district in which CFN may be found, and that the Submitter of Content will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and CFN will comply with this requirement within a reasonable time (or as otherwise required by law), provided CFN's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Submitter of Content from engaging in infringing activity relating to the material on CFN's network or system.

Indemnity

To the maximum extent permitted by applicable law, You agree to defend, indemnify and hold CFN, its subsidiaries, affiliates and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from Your use of the Site and/or your breach of the Terms of Use and Operation resulting from any and all content you submit to the Site. CFN shall provide notice to you of any such claim, suit or proceeding.

Governing Law and Exclusive Jurisdiction

These Terms of Use and Operation are governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. You hereby agree with and consent that exclusive jurisdiction and appropriate venue for all disputes arising out of or related to these Terms of Use and Operation or Your use of the Site shall be in the state and federal courts located in Orlando, Florida.

General

If any provision of these Terms of Use and Operation is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable to the fullest extent of the law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of CFN to act with respect to a breach by you or others does not waive CFN’s right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Operation and all agreements and notices incorporated herein may be automatically assigned by CFN, in its sole discretion, to a third party. You may not assign your obligations to any other entity.