EFFECTIVE DATE OF PRIVACY POLICY: OCTOBER 1, 2020
Pizzalicious Corporation (“Pizzalicious”, “we”, “us”, or “our”) respects your concerns about privacy and values the relationship we have with you. This Privacy Policy describes our privacy practices with respect to information collected through our website, applications, and any other online service that links to this Privacy Policy, including any websites and online services we operate on behalf of our authors (collectively referred to as the “Sites”). By using our Site, you are accepting the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Sites. We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our Sites following the posting of changes to these terms will mean you accept those changes.
What Information We Collect About You
We collect two basic types of information from you in conjunction with your use of the Sites: (1) personal information, which is any information that individually identifies you (e.g., your name, email address, telephone number, postal address) and (2) non-personal information, which is information that does not personally identify you but may include information about your interests, demographics (e.g., age, gender, 5-digit zip code) and use of the Sites. We collect this information in the following ways:
Information You Provide Directly To Us:
We may ask you to provide your personal information, demographic information or information about your preferences or interests when you: Sign up to receive email newsletters from us – Enter a contest or sweepstakes – Participate in surveys or special promotions – Participate on social media accounts involving our authors or books – Participate in communities or blog on the Site – Submit user generated content on any part of the Site that permit it – Knowingly volunteer information on any other part of the Site (e.g., request for customer service).
Do Not Track Notice
Some browsers offer a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. We do not respond to these “Do Not Track” signals. At this time, we do not track your personal information about your online activities over time and across third party websites. We also do not authorize third parties to collect any personal information from you on the Sites for these purposes.
Collection of Information From Other Third Party Sources
We may also collect personal and non-personal information about you from other sources to, among other things, enable us to supplement the information contained in our database and to better customize your experience with Pizzalicious.
How We Use Your Information
We use the information we learn about you to help us personalize and continually improve your experience with Pizzalicious. We may use your personal and non-personal information in the following ways:
General Uses
Provide you with the products and services you request – Communicate with you about your account or transactions with us and send you information about features on our Sites – Communicate with you about changes to our policies – Send you newsletters, offers and promotions for our products and services, third party products and services, or special events by email or another medium – Administer contests, sweepstakes, promotions, and surveys – Detect, investigate, and prevent activities that may violate our policies or be illegal.
Who We Share Your Information With
Personal Information
Except as disclosed in this Privacy Policy, we do not use or disclose your personal information to any companies not part of the Pizzalicious family of companies. Although, as disclosed below, we may provide your personal information to our business partners, in no event will we sell or rent your personal information as part of a customer list or similar transaction without your express permission.
THIRD PARTY SERVICE PROVIDERS
We have third party service providers that perform functions on our behalf, such as hosting, billing, marketing, analytics, customer service, fraud protection, etc. These entities never have access to your personal information and given only as needed to perform their functions and they are obligated to maintain the confidentiality and security of that personal information. They are obligated not to use, sell, distribute or alter this information in any way other than to provide the requested services to the Sites.
OTHER THIRD PARTIES WHEN REQUIRED BY LAW OR IN EMERGENCY SITUATIONS
We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Sites; (b) protect and defend our rights or property, the Sites or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Sites or the public.
Non-Personal Information
Nothing in this Privacy Policy is intended to restrict our use of your non-personal information, and we may disclose or share non-personal information in any manner that we deem appropriate or necessary.
Social Media
Our Sites may provide you with the ability to register, log into, “like” or otherwise interact with third party social media services, including, but not limited to, Facebook, Instagram, Google +, Twitter, Pinterest, YouTube, and other social media services. These features may enable integration and/or access to your social media accounts. We do not control these social media services or your profiles on these services, and we do not establish privacy settings or rules for how your personal information on these services will be used. If you choose to log on to or submit information through any of these social media services, your personal information will be subject to the applicable social media service’s terms and conditions and your current privacy settings on such social media service. By accessing any social media service, you will be assuming the risk that the personal information you provide on that service may be viewed and/or used by third parties for any purpose. You agree that we are not responsible for any acts or omissions by these social media service providers.
In addition, by choosing to log in to our Sites using your credentials from a social media service, you are asking that service to send us certain information from your account with the service, and you authorize us to collect, store and use such information in accordance with this Privacy Policy.
Children’s Privacy Policy
Pizzalicious respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, except as permitted by COPPA.
What Information We Collect and How We Use It
We do not require children to share any personal information in order to participate on this Site. On occasion, however, we may collect personal information, such as an email address from a child as part of an activity, in accordance with COPPA. For example:
- Email address: We may collect a child’s email address in order to respond to a one-time request from the child, such as if the child asks us or one of our authors a question. In such case, we promptly delete the child’s email address from our system once we have responded, and we do not use the child’s email address for any other purpose.
- Email newsletters: We may collect a child’s email address if the child wishes to sign up for our email newsletters. In such instance, the child will be asked to provide his or her email address and the email address of his or her parent/guardian. We will send the child’s parent/guardian a notification email informing them of the child’s request to receive the newsletter by email on an ongoing basis and give the parent/guardian the option to have his or her child’s information removed from our newsletter database. If the newsletter is declined, we will not send the newsletter and will delete any related personal information collected in the sign-up process from our files. If the newsletter is not declined, we will send the newsletter. All newsletters contain instructions so that the recipient may unsubscribe at any time.
- Contests or Sweepstakes: We may collect a child’s email address to enter the child in a sweepstakes or contest or to notify the child that he or she has won or lost a contest or sweepstakes or contest. We will not keep the child’s email address after the promotion or use the child’s email address for any other purpose other than for the promotion. For certain promotions, we may ask that a child give us his/her parent’s email address so we can obtain more personalized information for prize fulfillment purposes if the child wins the promotion or to notify the parent if we need more than the child’s email address to enter the child in the promotion. In the latter event, parents will be sent a notice along with instructions on how they may provide their consent for their child to participate in such promotion.
We may also collect anonymous information automatically from your child’s computer or device, such as the frequency with which the child visits our Site and the pages visited, to support the internal operations of the Site. We collect this information so we can understand and monitor usage of the Site, customize content on the Site and improve the performance of the Site. This information is collected using technologies such as cookies, flash cookies, web beacons, and similar technologies. This information is not used to behaviorally target children and we do not permit behavioral targeting on any of our Sites that are directed to children.
Special Circumstances for Information Sharing and Security
We may share children’s personal information with “Third Party Service Providers” and “Other Third Parties When Required by Law” as disclosed above
Parent’s Rights
Under COPPA, you have the right to review and have any of your child’s information deleted from our records. You also have the right to tell us to stop collecting or using your child’s personal information. If you have questions concerning our information practices with respect to children, or if you would like to review, have deleted, or stop the further collection of your child’s personal information in connection with the transaction for which it was originally collected, you may email us at through the website. For tips on protecting your child’s privacy online, please see the U.S. Federal Trade Commission’s brochure on this topic: www.onguardonline.gov.
Security of Your Personal Information
Pizzalicious takes reasonable steps to help protect and secure your personal information. However, please remember that no data storage or data transmission over the Internet, or by other means, can be guaranteed to be 100% secure. Thus, Pizzalicious cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge and agree that you transmit your personal information to our Sites at your own risk.
Third Party Content and Links to Third Party Websites
Our Sites may contain content hosted or served by third parties or link to websites operated by affiliates of Pizzalicious or third parties. Please be advised that the practices described in this Privacy Policy for Pizzalicious do not apply to information gathered by these third parties. We are not responsible for the actions and privacy policies employed by any third party, and our hosting of third party content or linking to third party websites does not constitute an endorsement of the content or business practices of those third parties.
Public Areas, Forums, Reviews, and Community Areas
Please remember that any information you share in public areas, such as forums, message boards or feedback sections, becomes public and anyone may take and use that information. Please be careful about what you disclose and do not post any personal information that you expect to keep private. Please consult our Terms of Use and the applicable guidelines, if any, for use of our forums and other community areas for more information.
Governing Law
These Sites are published in the United States. We attempt to protect the personal information of all users of our Sites and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to Pizzalicious’ services, but our family of Sites are located and targeted to United States citizens and our policies are directed at compliance with those laws. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your personal information to Pizzalicious.
Assignment
We may change our ownership or corporate organization while providing the Sites. We may also sell certain assets associated with the Sites. As a result, please be aware that in such event we may transfer some or all of your information to a company acquiring all or part of our assets or to another company with which we have merged. Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, we cannot ensure that an acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.
Notice to Non-US Users
If you are located outside the United States of America, you should be aware that your personally identifiable information will be transferred to the United States of America, the laws of which may be deemed by the your country to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit personally identifiable information to us on the Sites, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
Changes to This Privacy Policy
As our Sites continue to develop, we may add new services and features to them. In the event that these additions affect our Privacy Policy, or if other changes in our privacy practices or applicable laws necessitate changes to the Privacy Policy, this document will be updated accordingly. If we make a material change in the way we use your personal information, we will provide prominent notice of the change on the Sites. We will not, however, materially change our policies and practices to make them less protective of personal information we have previously collected from you without your express consent.
How To Opt-Out or Correct Your Information
You may always opt-out of receiving future commercial emails and newsletters from Pizzalicious. We provide you with the opportunity to opt-out of receiving such communications from us by clicking on the “unsubscribe” link within the email you receive. You may also opt out of receiving further communications from us or correct your information by sending us a message through the website. Please note that your request not to receive unsolicited commercial emails from us will not apply to messages that you request or that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial messages.
How To Contact Us
If you have any questions about this Privacy Policy, you may contact us as follows:
By mail:
Online Privacy
Pizzalicious Pizza
PO Box 544
Westport, IN 47283-0544
Phone:
(812) 591-3362
Terms of Use
EFFECTIVE DATE OF TERMS OF USE: OCTOBER 1, 2020
These Terms of Use apply to this website and any other website, application, or other online service that links to these Terms of Use, including author websites and online services, however accessed and/or used, that are operated or otherwise made available by Pizzalicious Corporation (collectively referred to as the “Sites”). THE PIZZALICIOUS CORPORATION (“PIZZALICIOUS”, “WE”, “US”, OR “OUR”) RESERVES THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS OF USE AT ANY TIME. PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
This is a legal agreement between you (“you” or “user”) and us and states the material terms and conditions that govern your use of the Site. This agreement, together with all updates, supplements, additional terms, and all of Pizzalicious’ rules and policies collectively constitute and shall be referred to as the “Agreement” between you and Pizzalicious. BY ACCESSING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS SITE.
Copyright and Ownership
The Site is owned and operated by Pizzalicious . All of the content featured, displayed or offered for sale on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, software and any other content (collectively, the “Content”), is owned by Pizzalicious. All elements of the Site, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Site may only be used for the intended purpose for which such Site is being made available. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, print and download documents, audio and video found on our Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. The Site the Content and all related rights shall remain the exclusive property of Pizzalicious and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.
Site Access License
Pizzalicious grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, noncommercial use of the Site and it’s Content and not to download (other than page caching or unless otherwise allowed by Pizzalicious or permitted by law) or modify all or any portion of the Site and their Content. This license does not include any re-sale or commercial use of the Site or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or their Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site or their Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Pizzalicious’ express prior written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Pizzalicious, its content providers or its affiliates without express prior written consent. You shall not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Corporate Identification & Trademarks
All of our trademarks, service marks and trade names used herein (including but not limited to the corporate names and logos of Pizzalicious and its publishing divisions and imprints, names and designs of the Site, and any logos) are trademarks or registered trademarks of Pizzalicious or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Pizzalicious’ express prior written consent. The use of our trademarks on any other website or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Site so long as the link does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Pizzalicious logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.
Links to Third Parties & No Endorsement
The Sites contain links to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Pizzalicious of, or any affiliation with, or endorsement by, the owner of the linked site. Pizzalicious is not responsible for the contents or use of any linked site, or any consequence of making the link. The Sites may also include a tool that allows you to sign in or register using information from your account with a third party service (e.g., Facebook, Twitter). These third party services are unrelated to the Site, and your use of such third party services is subject to the terms and policies of those services.
You shall not use Pizzalicious’ name or any language, pictures or symbols which could, in Pizzalicious’ judgment, imply Pizzalicious’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
User Submissions
Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g., user generated content, postings to blogs, comments on content, participation in communities) to Pizzalicious that they have created for consideration in connection with the Site and any related programs (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting your content on the Site, you expressly grant Pizzalicious a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and Pizzalicious shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
By submitting any User Submissions, you consent to the following rules:
- User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party. If your User Submission is not your original work, you must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms.
- User Submissions must not violate a third party’s right to privacy or publicity. You must obtain all necessary permissions from any individuals identified in or implicated by your User Submission, including those shown in photographic content, and, in the case of minors, also from their parents or legal guardians, as appropriate.
- User Submissions should relate to the content on the Site and should be intended to add to the discussion and community on the Site.
- User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity through your User Submission. Soliciting other users to join or become members of any commercial online service or other organization is expressly prohibited.
- Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Remember that forums and other areas of the Sites are public. Do not post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable information or contact information) in these areas.
All User Submissions must comply with these rules and any additional guidelines posted on the Site, as applicable. User Submissions do not represent the views of Pizzalicious or any individual associated with Pizzalicious, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Pizzalicious’ endorsement of User Submissions. Pizzalicious does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Site. Through your use of the Site, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site, you assume all associated risks.
Removal of User Submissions
We will not monitor, edit, or disclose the contents of a user’s email unless required in the course of normal maintenance of the Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Pizzalicious or the Site; (2) protect and defend the rights or property of Pizzalicious, the Site, or the users of Pizzalicious; or (3) act in an emergency to protect the personal safety of our guests, the Site, or the public. Users shall remain solely responsible for the content of their messages and Pizzalicious shall have no obligation to pre-screen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Site.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Representations and Warranties
You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the Site. In connection with User Submissions and your use of the Site, you affirm, represent and warrant the following: (i) you are over the legal age to contract (or your parent or guardian has consented to your User Submission and your use of the Site) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Site and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this Agreement; (v) the User Submission and Pizzalicious’ use thereof as contemplated by these terms and the Site will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vi) the User Submissions do and will not contain: (a) material falsehoods or misrepresentations that could harm Pizzalicious or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent and not otherwise in violation of these Terms of Use.
Termination
Pizzalicious may suspend or terminate any user’s access to all or any part of the Site including any account thereon, without notice, for any reason in Pizzalicious’ sole discretion, including without limitation Pizzalicious’ belief that such access would violate any applicable law or would be harmful to the interests of Pizzalicious or another user. Upon termination, you will lose access to all the Site and all Content thereon. The obligations that you have to Pizzalicious under these Terms of Use will continue even after we suspend or terminate your access to the Site.
Release
In the event that you have a dispute with one or more other users of the Site, you release Pizzalicious (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Disclaimer & Limitation of Liability
Your use of and browsing of the Sites are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PIZZALICIOUS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. PIZZALICIOUS DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIZZALICIOUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PIZZALICIOUS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL PIZZALICIOUS OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PIZZALICIOUS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM PIZZALICIOUS’ SITE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO PIZZALICIOUS’ RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL PIZZALICIOUS OR ANY AFFILIATED PIZZALICIOUS ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PIZZALICIOUS OR A PIZZALICIOUS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PIZZALICIOUS’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITE AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITE OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Indemnification
You agree to defend, indemnify and hold Pizzalicious, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Site or the Internet or the placement or transmission of any message or information on the Site by you.
Force Majeure
Neither Pizzalicious nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law
The Site is created and controlled by Pizzalicious in the State of Indiana, U.S.A., unless otherwise noted. These disclaimers, terms, and conditions of use are governed by the laws of the State of Indiana. By using any of the Site, you hereby consent to the exclusive jurisdiction and venue of courts in Greensburg, Indiana, in all disputes arising out of or relating to the use of the Site. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Pizzalicious’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
Entire Agreement
This Agreement is the entire agreement between the user and Pizzalicious and supersedes any prior understandings or agreements (written or oral).
Copyright Complaints
Pizzalicious and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Digital Millennium Copyright Act Notice Policy.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to our designated agent for notices of infringement and provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated agent for notice for claims of copyright infringement can be reached as follows: By mail: Pizzalicious, PO Box 544, Westport, IN 47283-0544. By phone: (812) 591-3362.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PIZZALICIOUS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA EMAIL THROUGH THIS WEBSITE. WHILE PIZZALICIOUS WILL TRY TO ANSWER ALL CUSTOMER SERVICE INQUIRIES, WE CANNOT GUARANTEE SUCH RESPONSE.
