Terms of use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.  The following ‘Terms of Use Agreement’ (“Agreement”) governs the use of http://www.mariobatalifoundation.org/ website (the “Site”) which is operated and maintained by Mario Batali Foundation (“Service Provider,” “we,” “us” or “our”).  This Agreement also incorporates by reference the terms of our Privacy Policy.  The words “you,” “your” and “user” as used herein refer to all individuals and/or entities accessing or using the Site for any reason.  Your use of the Site constitutes agreement to these Terms of Use.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE THIS SITE.

Service Provider reserves the right, in its discretion, to change or modify this Agreement from time to time and at any time by posting such new terms on the Site.  All such changes to this Agreement will be effective immediately upon posting and the date of the most recent revisions will appear at the bottom of this page, so check back often.  Your use of the Site will constitute your binding acceptance of this Agreement, as amended from time to time.  The Site is maintained for your convenient access to information about the Mario Batali Foundation, events, benefits, news, promotions and updates as well as industry links, news, travel information, surveys and newsletters.  IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.

CONTENT

All content, names, likenesses, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the “Content”) used on or incorporated into this Site, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of Service Provider, or licensed to Service Provider and all rights thereto are specifically reserved.  Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without our prior written consent in each instance.  You agree to comply with and keep intact and any copyright notices, trademark notices, information, or restrictions contained in any Content available on or accessed through the Site.  Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content.  If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you).  You may not copy, use, download, modify, frame, publish, download, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law.  You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or on the Site.  Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.

This Site may contain typographical errors or inaccuracies and may not be complete or current.  Service Provider therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the “third-party sites”).  Service Provider does not make any representations or warranties about any third-party sites you may access through this Site.  These links are provided solely as a convenience to you and do not constitute an endorsement by Service Provider or imply that Service Provider sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites.  We are not responsible for the contents of, or any products or services offered on, any third-party sites.  You need to make your own independent decisions regarding your interactions or communications with any other website.

Service Provider specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct:  the deletion or alteration of any Content posted on our Site by Service Provider or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; and using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations.  You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site.

Copyright/Intellectual Property Policy

Service Provider respects the intellectual property of others, and we ask our users to do the same.  Service Provider may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others; however, Service Provider has no responsibility for content on other websites that you may find or access when using Service Provider’s Sites.  Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries.  The terms of use of those websites, and not the terms and conditions of this Agreement, govern your use of that material.

It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Service Provider and/or others.

Permissions

If you are seeking permission to use Service Provider’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other Content, features, please contact info@mariobatalifoundation.org.

Security

From time to time, we may use techniques designed to identify fraudulent activities.  You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud.  You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.

Termination

We reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason.  We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Disclaimer

You agree that your use and browsing of our Site is at your own risk.  If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site.  SERVICE PROVIDER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES SERVICE PROVIDER WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT AND INFORMATION ON THE SITE ARE PROVIDED TO YOU “AS IS” and “AS AVAILABLE.”  NEITHER WE, NOR OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU.  Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Service Provider’s liability is limited to the greatest extent permitted by law.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, SERVICE PROVIDER CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE.  NEITHER SERVICE PROVIDER, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE SITE; OR (V) FROM ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF SERVICE PROVIDER OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT.  IN NO EVENT WILL SERVICE PROVIDER, ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF SERVICE PROVIDER, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.  PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS.  NEITHER SERVICE PROVIDER, NOR ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL  BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR SITE.

You specifically acknowledge and agree that Service Provider and its member(s), officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user.  In addition, while Service Provider intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.

We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.

Indemnity

You agree to defend, indemnify, and hold harmless Service Provider, its affiliates, and its and their respective members, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any information you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach of the terms of this Agreement.

Restrictions On Use of Material

Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site.  Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the Site.  To seek our permission, you may write to us at the address provided below.  If permission is granted by Service Provider and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.  Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.

Unsolicited Materials

Service Provider does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or Service Provider mail and e-mail addresses, or in any other way.  Please note that any information, materials, suggestions, ideas or comments (collectively, the “Unsolicited Materials”) sent to Service Provider will be deemed non-confidential.  By submitting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials.  Accordingly, any Unsolicited Material will become and remain the property of Service Provider.

User’s Grant Of Limited License

By communicating with Service Provider, including submitting or sending Unsolicited Materials or other information or material to the Site, you grant Service Provider the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you.  You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Service Provider.  You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.

For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and Service Provider, and in connection with Service Provider’s exercise of any other rights granted hereunder as Service Provider determines in its sole discretion.  You hereby release Service Provider from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, image, photo, likeness, voice and performance as set forth in this Agreement.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SERVICE PROVIDER, ITS SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.  THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS.  “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE.  YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT.  YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

Governing Law

The terms of this Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York.

For more information on our Customer Service Policies, e-mail us at info@mariobatalifoundation.org.

Last updated as of February 11, 2014.

Copyright © 2014 Mario Batali Foundation.  All rights reserved.