Privacy

1. How does this Policy relate to use of the site?

This Policy is part of and incorporated into the Cucinova.com Terms of Use (“Terms of Use”), which is the contract between you and Cucinova governing use of the Site. Parts of the Terms of Use listed below affect this Policy so unless you have already done so, please review them prior to using the Site. Terms used but not defined in this Policy have the definitions in the Terms of Use.

2. Information We Automatically Collect

Cucinova collects some information automatically from visitors to the Site, for example through the use of “cookies”, “web beacons”, and other technologies. These technologies make your use of the Site or our operations more convenient. We use these technologies for a variety of purposes such as to improve your online experience, to manage Site traffic, to prevent, detect, and investigate fraud, to assess promotional effectiveness, to track information such as the total number of visitors, IP addresses and browser types, access times, pages viewed and referring website addresses. We may also employ these technologies so that we remember you when you return to the Site. For example, we may collect information about your activities on the Site so we may make product recommendations, to tailor content to your interests, or to provide shopping cart services during a future visit to our Site. We may also deliver ads or make recommendations in the context of your current visit to our Site or a single search query in our Site.We generally do not share information from “cookies” and the like with third parties other than our service providers and within Cucinova (as defined in Section 7, below), but reserve the right to do so. For example, we may share information from “cookies” or other technologies used on our Site with our service providers or within Cucinova, but only on an aggregate basis or to facilitate our business or marketing purposes (or those of our affiliated entities). If we materially change the type of information we automatically collect or the way in which we share it, we will notify you.If you do not want to receive cookies, you may set your browser to reject them. However, if you turn cookies off, you may not have access to some of the Site’s services and features. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issues cookies when you access the Site.

3. Information We Collect That You Provide

It is always your choice, or the choice of anyone acting for you, whether to provide personal information. However, some must be provided to participate in certain programs or activities, so the decision not to provide information might limit or eliminate certain functions of the Site or the ability to participate. Other information is up to your good judgment, e.g., do not provide personal information about yourself that could be misused by others in a chat room, bulletin board, blog or similar forum and do not provide personal information about others without their permission. Depending on what you choose, the kinds of personal information we tend to request about you or others include but are not limited to your name, email address, telephone number, physical address, your preferences for products, programs or services and participation in our surveys, clubs, promotions, contests, sweepstakes or loyalty programs and other information relating to particular activities. We may also collect credit or debit card information if you are making a purchase.

4. Other Websites

Cucinova works with third parties on certain programs, and often those third parties own and/or are responsible for that program’s Web site. In those cases, if you provide personal information, you will be giving it to a third party and their privacy policy will apply, in addition to ours. You agree that if they provide it to us then we may apply our Policy to what we receive.

5. What We Generally Do with Personal Information Collected

In general, we use personal information we collect to respond to your inquiries or requests, administer surveys, clubs, promotions, contests, sweepstakes or loyalty programs, process and manage your purchases, and to engage in the activity (and related activities) for which we collect it. Subject to applicable law, we reserve the right voluntarily or involuntarily to make all lawful, worldwide uses of personal information, including without limitation, to: collect, use, access (or bar access), process, fulfill, disclose, display, share, respond to legal process or otherwise exercise our rights under applicable law, transfer, store, sell, lease, retain, commingle, investigate, verify, prove, enforce, delete, and otherwise deal with personal information, and information other than personal information, voluntarily or involuntarily (collectively “Disclose“).

6. Information Security

WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION OR OTHER INFORMATION IN ANY FORM. We make what we believe to be commercially reasonable efforts to provide a reasonable level of security for personal information we are required to protect, but this is not a promise that your information will never be disclosed except as provided herein. As you probably know, information can sometimes be intercepted or accessed in violation of law, contract or policy and technologies don’t always work as anticipated.

7. Your Particular Consents

In addition to consenting to the Terms of Use, including this Policy, Cucinova is interested in letting you know about, and receiving your particular consent to, a few activities relating to personal information that will help us to deal with personal information that is Disclosed in furtherance of our operations and programs. These are described immediately below.Consent to Share and Disclose Personal Information, Including Data Transfers Internationally. We may share information within Cucinova. Cucinova includes subsidiaries, affiliates and franchisees of any of them. We may also share information with companies that provide support services to us (such as credit card processors, mailing houses, web hosts, technical support providers, fulfillment centers or other services or for enforcing or investigating transactions or business operations). These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose, but we do not control these companies. You agree that Cucinova and those with whom we share personal information (“Recipients“) may Disclose and transfer your personal information worldwide (including in and outside the U.S, the European Union and other jurisdictions ) for any purpose relating to our operations, programs, or otherwise that is not allowed or prohibited by this Policy.Consent to Electronic Notice If There is a Security Breach. If we or a Recipient is required to provide notice of unauthorized access or other invasion of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our Site or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.

8. Amendments

We will be changing what we do and how and why we Disclose data periodically—this Policy describes what we currently envision, but that will change as we change. You agree that this Policy amends and replaces any previous privacy policies and applies retroactively. We may further amend all or part of this Policy in the same way that we make amendments to our Terms of Use and such amended versions will be posted on this page. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.

9. Information About Enforcement of Our Policy

This Policy is part of and supplemented by our Terms of Use form a contract. We and you are bound by the Terms of Use, including this Policy. If you think we are in default, you may contact us by writing to Our Address for Legal Notices. There are no third party beneficiaries of this Policy.Our Address for Legal Notices: Cucinova Holdings, LLC 1328 Dublin Road Columbus, Ohio 43215 Attn: Legal

CUCINOVA HOLDINGS, LLC TERMS OF USE

Welcome to the Cucinova Holdings, LLC’s website (the “Site”). A reference to “Cucinova,” “our,” “we,” or “us” includes each of its related, affiliated or subsidiary companies. It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use (“Terms”) as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site because they affect your legal rights and obligations, including mandatory arbitration, no class relief, and waiver of your right to a jury trial. By using the site you agree to these Terms. If you do not agree to these Terms, please do not use the site or the online services.

1. You Accept These Terms.

If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this Site, unless otherwise expressly stated.

2. Updates to Terms.

Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

3. Legal Capacity.

This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

4. The Information You Give Us Must be Correct.

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at Cucinova believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, content, programs, profiles or other services as being a use made by you, even if someone else used your identifier.

5. Online Privacy Policy.

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Please see the above notice, which forms part of these Terms.

6. Disclaimer of Warranties.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, CUCINOVA AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF CUCINOVA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUCINOVA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUCINOVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CUCINOVA MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CUCINOVA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE ACCESSING THIS SITE IN THE UNITED KINGDOM, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.

7. Limitation of Liability.

CUCINOVA DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF CUCINOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF CUCINOVA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. Binding Arbitration of All Disputes; No Class Relief.

1. U.S. Residents: To the fullest extend permissible by law, with the exception of disputes pertaining to Cucinova’s intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and Cucinova arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Ohio state or federal court with substantial experience in the internet industry and shall follow Ohio substantive law in adjudicating the dispute, except that this Section 8(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 8(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Cucinova. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Cucinova shall pay the costs and fees of JAMS and the arbitrator. Cucinova agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
2. Non-U.S. Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Site or Terms of Service, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(b). Your notice to us must be sent to us at [email protected]. For a period of sixty (60) days from the date of receipt of notice from the other party, Cucinova and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or Cucinova to resolve the Section 8(b) Dispute on terms either you or Cucinova, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

9. Trademarks and Copyrights.

This Site and materials incorporated by Cucinova on this Site (“Material”) are protected by copyrights, patents, trade secrets, or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images, including but not limited to Cucinova, Pizza Cucinova, C and Design, and Cucinova and Design, incorporated by Cucinova on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Sbarro Franchise Co., LLC, a wholly owned subsidiary of Sbarro Holdings, Inc. (“Trademarks”). You may not use any of the trademarks displayed on this Site or in any Site content except as provided in the Terms. Any other use is strictly prohibited and all rights are reserved. Cucinova respects the intellectual property rights of others and asks users of this Site to do the same.

10. Your Use of Material.

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Cucinova. Any authorization to copy Material granted by Cucinova in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

11. Forums.

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF CUCINOVA OR CONTENT PROVIDERS. CUCINOVA DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF CUCINOVA. CUCINOVA MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN CUCINOVA’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

12. Submissions, Postings and E-mails.

Cucinova is interested in hearing from you regarding your questions or comments about our Site. However, Cucinova does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to Cucinova.

13. Invited Submissions.

From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay or provide other consideration for any remarks, suggestions or ideas (including but not limited to those regarding business or restaurant processes or procedures, product ideas, marketing or advertising slogans, or improvement of products, the Site or Content, graphics, or other information) communicated through this Site.

14. Our Use of Content.

Cucinova will consider anything you provide to Cucinova and/or contribute to this Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see ‘Submissions, Postings and E-mails’ above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.

15. User Content.

Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular members. By posting or uploading any content to this Site, including posts, responses, and/or providing any communication or material to Cucinova (“User Content”), you automatically and irrevocably:

1. Retain ownership of your User Content, and grant and assign to Cucinova a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by Cucinova and/or by any person authorized by Cucinova, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
2. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
3. Appoint Cucinova as your agent with full power to enter into any document and/or do any act Cucinova may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
4. Warrant that you are the owner of the User Content and entitled to enter into these Terms; and
5. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Cucinova shall not be liable for any use or disclosure of such User Content.

16. Claims of Infringement.

If you believe that any content appearing on this Site infringes your copyright rights, we at Cucinova want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

1. Your name, address, telephone number, and e-mail address;
2. A description of the copyrighted work that you claim has been infringed;
3. The exact URL or a description of each place where alleged infringing material is located;
4. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
5. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
6. A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.Copyright Agent Cucinova Holdings, LLC 1328 Dublin Road Columbus, Ohio 43215 Attn: Chief Legal Officer, Legal Department Fax: (614) 769-9923 Email: [email protected]

Cucinova seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

17. Responsible Use of Site.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Cucinova, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Site.

18. Content Limitations.

As stated in our Community Guidelines incorporated here, we at Cucinova require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

1. Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
2. Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
3. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
4. Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
5. Violates any law or may be considered to violate any law;
6. You do not have the right to transmit under any contractual or other relationship (e.g. inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
7. Advocates or promotes illegal activity;
8. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
9. Advertises any commercial endeavor (e.g. offering for sale products or services) or otherwise engages in any commercial activity (e.g. conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
10. Solicits funds, advertisers, or sponsors;
11. Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy, or limit the functionality of any computer software or hardware or telecommunications;
12. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
13. Copies any other pages or images on this Site except with appropriate authority;
14. Includes MP3 format files;
15. Amounts to a ‘pyramid’ or similar scheme;
16. Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
17. Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; and/or
18. Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Cucinova anywhere on this Site (e.g. on any web space made available for your use).

19. Release.

If you have a dispute with one or more users, you release Cucinova (including affiliates and subsidiaries, and our and their respective officers directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential)) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

20. Indemnity.

You agree to indemnify and hold harmless Cucinova and its officers, directors, employees, agents, distributors, subsidiaries, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Cucinova servers, and/or from any and all use of your account.

21. System Abuse.

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource contained on this Site.

22. Security.

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Cucinova shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Cucinova considers insecure, Cucinova will be entitled to require this to be changed and/or terminate your account.

23. Violation of Security Systems.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Cucinova reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

24. Investigations.

Cucinova reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to any Forum. Cucinova may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Cucinova may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Cucinova believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Cucinova will fully cooperate with any law enforcement authorities or court order requesting or directing Cucinova to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CUCINOVA AND ANY CUCINOVA’S EMPLOYEE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CUCINOVA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CUCINOVA OR LAW ENFORCEMENT AUTHORITIES.

25. Service.

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).

26. Reservation of Rights.

Cucinova reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

27. Local Regulations.

Cucinova makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

28. Third-Party Sites.

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Cucinova, and you acknowledge that (whether or not such sites are affiliated in any way with Cucinova) Cucinova is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Cucinova or any association with its operators.Cucinova cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Cucinova. Cucinova does not endorse any of the merchandise, nor has Cucinova taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. Cucinova does not make any representations or warranties as to the security of any information (including, without limitation, credit card, and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

29. Proprietary Online Services.

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies, and guidelines of such proprietary online service.

30. Jurisdictional Issues.

The Materials and all other content in this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.

31. Choice of Law.

With the exception of Section 8 which will be construed in accordance with the FAA, these Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Ohio, as they are applied to agreements entered into and to be performed entirely within Ohio.

32. Electronic Transactions.

Subject to applicable law and any contrary terms on Site screens (e.g., if you purchase a physical gift card, a physical card will be delivered), you agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. This includes (without limitation) electronic delivery, notices, disclosures, and all other aspects of the transaction. We also reserve the right to deal non-electronically and require you to do so.

33. Notice for California Users.

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

34. Information Accuracy.

You should not assume that the information provided on the site has no errors, is timely or always up to date or that this site contains all the relevant information available about Cucinova. In particular, if you are making an investment decision regarding Cucinova please consult a number of different sources, including Cucinova’s filings with the Securities and Exchange Commission. Investors are reminded that historical and current stock price performance data are not necessarily indicative of future performance.

37. How to Contact Us.

This Site is controlled and operated by Cucinova located at 1328 Dublin Road, Columbus, Ohio 43215. Please forward any comments or complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected] and other legal matters to [email protected].

38. General.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Cucinova relating to the matters contained here and the Site.

CUCINOVA HOLDINGS LLC IMAGE USE AGREEMENT

We love your image and know others will benefit from seeing it on our website, Social Media channels, and retailers’ websites. As you consider allowing us to publish your image, we want to make sure you know exactly how we intend to use it.By replying to our Instagram post with #agree and providing your permission, you represent and warrant that you own the image and there are no other entities with ownership claims over it. You grant Cucinova Holdings LLC, a non-exclusive and non-revocable commercial right to reproduce the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your image may be used by Cucinova Holdings LLC either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While Cucinova Holdings LLC will make commercially reasonable efforts to give you credit for your photo and provide a link back to your Instagram account, you agree that such credit is not mandatory and your permission for us to use your image is not contingent upon such credit being given.You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or our finished work.Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Image Use Agreement shall remain in full force and effect. This Image Use Agreement shall be governed by the laws of the State of Ohio.If you don’t agree with these terms, we completely understand and no further action is required. We are thrilled to see Cucinova Holdings LLC as a part of your page and look forward to seeing any new photos you post as well.Thanks again and please email us at [email protected] if you have any questions.