Our Terms of Service

 
 
 

(Effective 4/12/18)

The following terms and conditions (collectively with the Privacy Policy at https://museumofpizza.org/privacy, the “Terms of Use”) are a legally binding agreement between each website visitor or user (“you” or “your”) and The Museum Company LLC (“The Museum of Pizza,” “we,” “us,” “our” or “ours”) and apply to museumofpizza.org and the content, features, services, social media channels and applications offered by The Museum of Pizza (collectively “Service”).

By accessing or using the Service, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you have reached the age of majority in your jurisdiction of residence. If you do not agree to any of these terms and conditions, please do not use the Service.


Updates to Terms

We reserve the right to change any terms of these Terms of Use at any  time without prior notice to you. You agree that our posting of revised Terms of Use on our Service will constitute notice to you of such revised Terms of Use and that your access or use of the Service after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Consequently, please review these Terms of Use before each and any access or use of our Service. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service will be subject to these Terms of Use.

Disclaimers

This Service is offered "as is" and "as available" and "with all faults." You use the Service at your own risk. To the fullest extent possible by law, we and our officers, directors, employees, licensors, agents and partners (a) do not warrant that this Service will be uninterrupted or error-free or (b) do not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular use or purpose, with respect to this service or any information or goods that are available or advertised or sold through this Service.

Limitation of Liability

WE ARE NOT AND WILL NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE (INCLUDING, AS A RESULT OF BREACH ANY TERMS OF THESE TERMS OF USE), INCLUDING GOODS AND SERVICES PROVIDED BY THIRD PARTIES, INCLUDING ADVERTISERS, THAT ARE MADE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE.


The Service is controlled and offered by us from its facilities in the United States of America for use by individuals located in the United States of America and Canada. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to use of the Service (including negligent or wrongful conduct) by you or any other person accessing the Service via your web browser, email account(s), social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Service.

Governing Law

These Terms of Use and the relationship between you and us will be governed by the laws of the United States of America and the State of New York as an agreement wholly performed therein without regard to its conflict of law provisions and the United Nations Conventions on Contracts (if applicable).


Any dispute relating in any way to your use of the Service will be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or Federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief. You also hereby expressly waive any right to resort to any form of class action.

Miscellaneous

These Terms of Use constitute the entire agreement between you and us and govern your use of the Service. These Terms of Use supersede any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use other services, affiliate services, or third-party services. These Terms of Use are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. The headings in these Terms of Use are for convenience only and have no legal or contractual effect.