Date of Last Revision: 9/10/2010
Welcome to the Pizza.com website (“Pizza.com” or the “Site”). The following are the rules (“Terms”) set forth by Domain Development Corp., as authorized operator of Pizza.com (“Pizza”, “we” or “us) that govern your use of the Site. By visiting or using Pizza.com, you signify that you accept these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. If you do not agree to all of these Terms, please do not use Pizza.com or the services on Pizza.com. These Terms do not apply to the content on third party websites. The term “you” refers to the user or viewer of the Site or any of the services.
CHANGES TO THE TERMS
Pizza reserves the right to change these Terms, or any policies or guidelines governing the Site or services, at any time and in its sole discretion without individual notice to you. Changes will be effective upon the posting of the revisions on Pizza.com. Please return to this page periodically to review the most current version of the Terms. Your continued use of the Site and services following a change will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms, do not continue to use the services or this Site.
Pizza grants you a limited, revocable, non-transferable and non-exclusive license to browse, place orders, and upload reviews onto Pizza.com. Pizza.com sells products to adults who can purchase with a credit card. If you are under 18, you may use this Site only with the involvement of a parent or guardian, and the adult will be considered the user responsible for all activities that take place. You agree that you will only use this website in accordance with these Terms and will only place legitimate orders. You agree that Pizza may use a third party payment services provider to process orders and payment transactions on Pizza’s behalf, and that Pizza’s rights and your obligations with respect to accounts, order intake, processing, payment transactions, cancellations, etc. shall apply equally to a third party payment services provider utilized by Pizza. You agree that all information you provide to Pizza will be true, accurate and complete. Pizza reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole discretion. Pizza is intended as a service to restaurants and customers in the United States and is not intended for access or use outside of these areas; you are responsible for compliance with laws in your jurisdiction. User content on Pizza.com does not reflect the views of Pizza or any affiliated companies, or its employees, officers, directors, or shareholders. Pizza does not assume responsibility or liability for any content or for any claims, damages or losses resulting from any use of the Site or the material contained in the Site.
Pizza may provide the ability for you to create an account on Pizza.com. Pizza may, at its sole discretion, terminate your account or modify any account related content or access or take any other action it deems appropriate. You are responsible for everything done through your account so please do not share your account information and password. Please notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account. You may not open a new account without our written permission if we have terminated your account or suspended your access to the Site or any services. When your account is closed (voluntarily or involuntarily), you may no longer have access to any information or materials you store within your account. We may delete or archive these things at our discretion.
THINGS YOU CAN NOT DO
The Site may not be used for any commercial purpose, other than pizzeria merchants who are subject (in addition to these Terms) to any contracts they have entered into directly with Pizza. You agree that you will not reproduce, download, publish, modify, distribute, create derivative works from, appropriate, disassemble, decompile, reverse-engineer, or in any way exploit the material on this Site in any form or by any medium (now existing or hereafter developed) for any use or for any purpose. Without limiting the foregoing, you agree not to obtain materials from the Site to create a database of businesses, business reviews or any other information database in any media now existing or hereafter developed. You may not frame any material on the Site, link to the Site or make use of metatags utilizing Pizza.com’s name without the express written consent of Pizza. You may not use the Site (i) in a manner that infringes the rights of others in any way, including without limitation a violation of their privacy or publicity rights or violation of any copyright, trademark or other proprietary right, (ii) in any way that interferes with the proper functioning of the Site or our infrastructure, (iii) in connection with the use of any manual or automated software or other device or process to navigate, search, crawl or spider the Site, other than the search engines that are generally available, and (iv) for the purpose of making a competitive assessment of our services or otherwise in service of our competitors. You may not use Pizza.com to purchase any product you cannot or do not intend to pay for or otherwise lie in connection with your use of the Site or services. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right or any other harm resulting from your use of the Site. Your unauthorized use of the Site terminates the license granted to you in these Terms.
THINGS YOU CAN AND CAN NOT DO SPECIFICALLY RELATED TO USER CONTENT
You may post on the Site where permitted. Anything that you submit or post to the Site and/or provide us is and will be treated as non-confidential and non-proprietary. You agree that any content you post on the Site will not be offensive, harmful, abusive, illegal, obscene, pornographic, objectionable, hateful (including without limitation racist/discriminatory), threatening, encouraging of conduct that would give rise to civil or criminal liability, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise infringing or injurious to third parties. You further agree that the content you post will not contain viruses or other computer programs that may damage or interfere with our systems, will not advertise or solicit business, and will not involve political campaigning or be spam. Any posting you make will be appropriate to the business and atmosphere reflected on the Site. You may not imply that your posted content is sponsored or endorsed by Pizza, and you will not mislead anyone as to the origin of any posted content. Pizza has the right, but not the obligation, to remove, edit or refuse to post content; we do not make any commitment that we will police the Site for problems that have not been reported to us. You shall be solely responsible for your content submission and the consequences of posting or publishing them. Without limiting any other rights in these Terms, Pizza may terminate a user’s access to Pizza.com if the user is determined to be a repeat infringer of this section.
USER CONTENT OWNERSHIP
When you upload any content on the Site, you grant Pizza a perpetual, irrevocable, worldwide, royalty- free license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, create derivative works from, and distribute such content, in any media known now or in the future. You also grant Pizza the right to use the name that you submit in connection with the content. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate and that the use of the content you supply does not violate Pizza’s policies and will not cause injury to any person or entity.
You agree that all of Pizza’s trademarks, trade names, service marks or other Pizza logos and brand features, and the product and service names are trademarks and the property of Pizza (the “Pizza Marks”). You agree not to display or use the Pizza Marks without the prior written consent of Pizza. Other than content posted by users, all content on and used on this Site, such as text, graphics, logos, button icons, images, data compilations and software is owned by Pizza or its content suppliers, or its affiliates and partners, and is protected by US and international copyright, trademark and/or other proprietary laws. The compilation of all content on this Site is the exclusive property of Pizza and protected by US and international copyright, trademark and proprietary laws.
COPYRIGHT AND OTHER COMPLAINTS
Pizza is strongly committed to respecting intellectual property and other rights. We have a policy of responding to notices of alleged copyright infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers. To report copyright infringement, please follow the procedure outlined here. We are also concerned with other types of infringement and abuse. To report a problem other than copyright infringement, please email us at the following address Service@pizza.com.
THIRD PARTY SITES
Pizza.com may contain links to websites controlled, owned and operated by other businesses (“Third Party Sites”). In addition, third parties may sell products and services on Pizza.com (“Third Party Sellers”). Pizza does not review or evaluate the Third Party Sites, including Third Party Site content and operations, and cannot control the quality of the goods or services offered by Third Party Sellers or on Third Party Sites. You acknowledge and agree that Pizza shall not be responsible or liable to you in any manner for the actions, products or services of, or the content provided by, any third parties. Use of any third party product or Third Party Site is governed by such third party privacy statements and third party conditions of use.
You are responsible for providing a valid credit card for which you are the authorized user. You are responsible for payment of all applicable federal, state, local and city taxes and for payment of all delivery charges. Pizza reserves the right to refuse service or cancel orders in its sole discretion. Pizza may impose transaction limits on some or all users. Pizza will not be liable to any user if Pizza does not proceed with a transaction or cancels a transaction. Once your order is placed on Pizza.com, you are not permitted to cancel it; all orders are final. Pizza does not provide customer service for your orders. Please contact the pizzeria directly at the number provided on your order confirmation for discussion of any issues with your order.
You agree to indemnify and hold Pizza, its subsidiaries, affiliates, officers, directors, agents, shareholders, employees, contractors, licensors, licensees and representatives (“Covered Entities”) harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to, arising out of, or relating to your use of the Site, including without limitation your use of the Site to upload content or other information to the Site, your breach of these Terms (and any documents incorporated by reference), your violation of any law or the rights of a third party, or the use of your account by another person. Pizza reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL OF THE SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU OR PURCHASED BY YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COVERED ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES OF ANY KIND AS TO THE OPERATION AND FUNCTIONALITY OF THE SITE, THE ACCURACY OF ANY BUSINESS LISTINGS AND REVIEWS, THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY CONTENT ON THE SITE OR THE PRODUCTS AND SERVICES OF ANY BUSINESSES LISTED OR ADVERTISED ON THE SITE. THE COVERED ENTITIES MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS IN THE SITE OR RELATING TO THE SERVICES WILL BE CORRECTED. THE COVERED ENTITIES DO NOT WARRANT THAT THE SITE, CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS OR EMAIL SENT FROM PIZZA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND YOU WAIVE ALL CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR INTERNET ACCESS.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOST PROFITS, EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COVERED ENTITIES DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS, SERVICES, PRODUCTS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMIATION THIRD PARTY PAYMENT PROCESSORS, USERS, SPONSORS AND/OR ADVERTISERS ON THE SITE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, AND PRODUCTS. THOSE WHO ACCESS THE SITE FROM JURISDICTIONS OUTSIDE OF THE UNITED STATES ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
RESTRICTIONS ON WARRANTIES AND LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE LIMITATIONS AND/OR EXCLUSIONS SET FORTH IN THE PRECEDING TWO PARAGRAPHS MAY NOT APPLY TO YOU.
Pizza may, in addition to any other rights or remedies available to it and without any liability whatsoever, at any time for any or no reason terminate your account, terminate, suspend or restrict your access to any part or all of Pizza.com. This is not our exclusive remedy under any circumstances.
CHOICE OF LAW
Any dispute about or involving the Site or these Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this paragraph.
You cannot assign the Terms without our written agreement. We can assign the Terms to any entity that agrees to be bound by the terms of the Terms.
SEVERABILITY AND WAIVER
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any remaining provisions. The failure of Pizza to exercise or enforce any right or provision in the Terms shall not constitute a waiver of such right or provision.
These Terms, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreement regarding the subject matter. In the event of a conflict between a specific written agreement between a pizzeria merchant and Pizza for merchant services and these Terms, the written agreement between the pizzeria merchant and Pizza shall control.
THIRD PARTY RIGHTS
The provisions relating to Indemnity, Disclaimer of Warranty, and Limitation of Liability are for the benefit of Pizza and its subsidiaries, affiliates, officers, directors, agents, shareholders, employees, contractors, licensors, licensees and representatives and each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its behalf.
Pizza will be entitled to recover any legal fees and other costs associated with enforcing the Terms. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site, all services and any content. Pizza reserves the right to disclose any personal information about you or your use of the Site, including its contents, without permission, if Pizza has a good faith belief that such is legally necessary.
2699 Pacific Coast Highway
Hermosa Beach, CA 90254
NOTICE FOR COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that is copyright infringement, please provide the written information below:
1. A description of the copyrighted work that you claim has been infringed upon;
2. A description identifying the location on the Site of the alleged infringing material;
3. A statement by you that you have a good faith belief that the use of the content on this Site as
described is not authorized by the copyright owner, its agent or the law;
4. A statement by you, made under penalty of perjury, that the information in the statement is
accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf;
5. Your address, telephone number and email address; and
6. Your physical or electronic signature.
Send the written communication to:
2699 Pacific Coast Highway
Hermosa Beach, CA 90254