Effective Date: 9/16/2015
3. Information We Collect That You ProvideIt 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.
5. What We Generally Do with Personal Information CollectedIn 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 SecurityWE 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.
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.
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.
- 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.
- 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@example.com. 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:
- 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;
- 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;
- 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;
- Warrant that you are the owner of the User Content and entitled to enter into these Terms; and
- 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:
- Your name, address, telephone number, and e-mail address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of each place where alleged infringing material is located;
- 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;
- Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- 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: firstname.lastname@example.org
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:
- Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
- Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- Violates any law or may be considered to violate any law;
- 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);
- Advocates or promotes illegal activity;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- 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;
- Solicits funds, advertisers, or sponsors;
- 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;
- 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;
- Copies any other pages or images on this Site except with appropriate authority;
- Includes MP3 format files;
- Amounts to a ‘pyramid’ or similar scheme;
- 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;
- Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; and/or
- Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.