Effective: May 30th,  2016

Acknowledgment and Acceptance of Terms of Use.
The Site.  This website for Giovanni Rana Pastificio&Cucina at www.rananyc.com (the “Site”) is operated by Rana USA, LLC (the “Company”) and use of the Site is available only on the terms and conditions described in these terms of use (the “Terms of Use”). BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. PLEASE REVIEW THE TERMS OF USE CAREFULLY. By using the Site, you also represent that you are of legal age to form a binding agreement under the applicable laws of the United States or other jurisdictions. If you do not agree to be bound by these Terms of Use, you should not use the Site.

 

Changes to the Terms of Use. The Terms of Use for this Site may be revised at any time by us, at our sole discretion, without any specific notice to you. You are responsible for regularly reviewing these Terms of Use.   The latest and most current version of the Terms of Use will be posted on this Site. Your continued use of the Site signifies your acceptance of the then in effect Terms of Use.

 

Intellectual Property Rights. The Company or its licensors own all the intellectual property rights in the Site, including, without limitation, all rights, title and interest in and to all copyrights, trademarks, trade secrets, patents and any other proprietary rights in the Site, the software comprising the Site and the content therein (the “Intellectual Property”). All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to the Company, its affiliates, or its licensors. You must not display or reproduce the Marks unless we provide you with prior written consent to do so.  You must not remove or otherwise modify any trademark, copyright or other notices from any content that you receive via the Site.

 

Use of Site / Limited License. You are granted a limited license to access and view the Site and use the Intellectual Property solely for your own personal, non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of the Intellectual Property may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes of sharing information about us. You do not acquire ownership or proprietary rights to any content, Intellectual Property, content, document or other materials viewed through the Site. All rights in the Intellectual Property are reserved to the Company or its licensors, clients, affiliates and other owners of such Intellectual Property.

Harassment in any manner or form on the Site, including via e-mail and message submission or by obscene or abusive language is strictly forbidden. Impersonation of others, including without limitation, a Company employee, host, or representative or other members or visitors on the Site, is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Restrictions: You must not use the Site for any unlawful purpose or for any purpose that is prohibited by these Terms of Use. You agree that your use and access to the Site will comply with all applicable laws and regulations. You will not:

  • Sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Site by making it available to any third party or use the Site to provide a service to any third party in competition with the Company
  • Decompile, disassemble, attempt to discover the source code or reverse engineer any portion of the Site, or permit any third parties to do so;
  • Use the Site to send spam or otherwise duplicative, unsolicited or fraudulent messages in violation of applicable laws;
  • Use the Site to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights;
  • Use the Site to send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
  • Intentionally interfere with or disrupt the integrity or performance of the Site.
  • Download or copy any account information for the benefit of any other party;
  • Circumvent, disable or otherwise interfere with security-related features of the Site;
  • Collect or harvest any personally identifiable information, including account names or use the communication systems provided as part of the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any other Site users with respect to their content.

 

Site Security Rules. You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules or security components. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site.

 

Policy Concerning Children. Our Site is not intended for use by children under the age of 13.

 

Unsolicited Submissions. The Company does not accept or consider creative ideas, suggestions or materials. We ask that you do not submit or send such materials to us. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Information”) to us, except as part of any application for employment, despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all “moral rights” in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.

To the extent the Site provides or may provide opportunities for you to make publicly available or accessible self-generated content, such as, for example, messages, personally identifiable information, comments, or text, (“User Content”) on the Site, through our Contact Us page, and except for any personally identifiable information that we may collect from you under the guidelines established in our Privacy Policy which is available at http://www.rananyc.com/privacy-policy,  any User Content that you provide to us via the Site will be considered non-confidential and non-proprietary. You agree that the Company does not have and will not have any obligations to you with respect to any User Content, and that the Company and its designees/assignees/licensees are free to copy, disclose, distribute, incorporate and otherwise use your User Content for any and all commercial or non-commercial purposes.

By submitting User Content to the Site, you represent and warrant the following:

  • the User Content is accurate;
  • you are a resident of the United States of America or its territories;
  • you are at least the age of majority in the state in which you reside;
  • you are the sole author and owner of the intellectual property and other rights to the User Content, or have a lawful right to submit the User Content;
  • the User Content does not violate, infringe or misappropriate the intellectual property rights of any third party;
  • you are not an employee of the Company nor do you work for an affiliate or agency of the Company hired by the Company to promote and/or sell the Company products or services (unless you clearly disclose such information in communication of such User Content); and
  • the User Content does not violate these Terms of Use, and will not cause injury to any person or entity.

 

You further agree that you shall not submit any User Content that includes or references any one or more of the following:

  • information known by you to be false, inaccurate or misleading;
  • offensive, profane, vulgar, obscene or inappropriate language or visuals;
  • defamatory, libelous, or slanderous content;
  • content which infringes any third party’s intellectual property rights including, without limitation, copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
  • content which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising);
  • content that engages in, encourages, advocates, discusses with the intent to commit, or provides instructions for conduct that would constitute a criminal or civil offense or would otherwise violate any federal, state, local or international law or rule;
  • material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, and whether based upon the race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
  • content depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way;
  • material or content for which you were compensated or granted any consideration by any third party;
  • content or materials in which you impersonate another person or entity;
  • content or materials intended to create disruption or to mislead others interacting with the Site, such as posting multiple reviews in an effort to monopolize the forum or posting User Content unrelated to the Site’s designated topics or themes;
  • third party websites, addresses, email addresses, contact information or phone numbers; or
  • programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.

The Company shall have the right, but not the obligation, to remove or refuse to post any User Content within the Site that it deems, in its sole discretion, to violate the content submission guidelines noted above or any other provision of these Terms of Use, or to take such action for any other reason it deems appropriate. The Company does not guarantee that you will have any recourse through the Company to edit or delete any User Content that you have submitted. You acknowledge that you, not the Company, are responsible for the content of any User Content.  None of the User Content that you submit shall be subject to any obligation of confidence on the part of the Company or its affiliates, third party service providers and agents or their respective directors, officers and employees.

Non-Confidentiality of Your User Content. Except as otherwise described in the Site’s posted Privacy Policy, you agree that (a) your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, and (b) the Company does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon the Company’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with these Terms of Use. You acknowledge that the Internet and the Site may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content.

License to the Company of Your User Content. Subject to the rights and licenses you grant by means of your consent to these Terms of Use, you retain whatever legally cognizable right, title, and interest that you have in your User Content. Except as otherwise described in any Additional Terms (such as, without limitation,  a contest’s official rules) which may govern the submission of your User Content, you hereby grant to the Company and you agree to grant to the Company, a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to the Company to your User Content, you also hereby grant to the Company, and agree to grant to the Company, the unconditional, perpetual, worldwide, royalty-free, irrevocable right and license to use and exploit your name, persona, and likeness in connection with any of your User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein.  All rights and licenses granted and/or assigned to the Company and/or to be granted and/or assigned to the Company herein may be assigned by the Company to third parties of the Company’s choosing subject to applicable law.

The Company’s Exclusive Right to Manage All User Content. the Company may, but does not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and the Company may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party. the Company  reserves the right to prohibit, restrict, block, suspend, terminate, delete or discontinue your access to the Site, at any time, without and for any reason, in its sole discretion.  The Company reserves the right to treat User Content on the Site as content stored at the direction of users for which the Company will not exercise control except to block or remove content that comes to the Company’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to the Company in its sole discretion, or to enforce the rights of third parties or the content restrictions as set forth herein when notice of their violation comes to the Company’s attention. User Content submitted by you or others need not be maintained on the Site by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Site.

Enforcement.  The Company has no obligation to monitor or enforce your intellectual property rights to your User Content, but you grant the Company the right to protect and enforce the Company’s rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

 

DISCLAIMER OF WARRANTIES.

While we strive to keep the Site accurate, complete and up-to-date, we rely on third parties for certain information.  Because of this, we cannot guarantee or be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information available via the Site. The Company assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other materials available via the Site.

Your access to the Site may be suspended temporarily and without notice in certain situations such, as case of a force majeure event, for example a system failure, maintenance or repair, or for reasons beyond our control.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS, INFORMATION, CONTENT, SERVICES, AND PRODUCTS OR SERVICES OF THE SITE, IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF THE SITE OR OF THE THIRD PARTY SITES.

ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE WILL UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY.

 

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT COMPANY AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification. You agree to indemnify and hold harmless the Company and the Company’s independent contractors and partners, and their respective officers, directors, members, shareholders, employees, representatives, licensors, and agents, from any claim or demand  for  all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of the Terms of Use, your violation of the rights of any third party, or arising out of or relating to any Information submitted by you, or any other person accessing the Site using your Internet account.

 

Privacy. We are very sensitive to your privacy. Please review our Privacy Policy at http://www.rananyc.com/privacy-policy for information and disclosures relating to the collection and use of your personal information and data in connection with your use of the Site. In the event that the Company is transferred, assigned, merged with or sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume the Company’s obligations as to the Terms of Use and the Privacy Policy.

 

Links to Third-Party Sites. In an attempt to provide increased value to our visitors, the Site may contain links to other websites, services and content not operated or controlled by the Company (“Third Party Sites”). We are not responsible for the content, accuracy or opinions expressed in such Third Party Sites, and such Third Party Sites are not investigated, monitored or checked for accuracy or completeness by us. The policies and procedures described in these Terms of Use or our Privacy Policy may not apply to Third Party Sites.  Inclusion of any linked site on our Site does not imply approval or endorsement of the linked site by us.  You should contact the providers of Third Party Sites directly for information concerning their policies. If you leave our Site and access these Third Party Sites, you do so at your own risk.

The Company also does not filter advertisements or other content that children may view through the Site or Third Party Sites, and are not responsible for any damage or loss that results from such advertisements or content. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.

 

Miscellaneous. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the state or federal courts located in the State and County of New York and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to disclaimers, limitations and exclusions set forth above.

If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

The section titles in the Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Use, including the Privacy Policy referenced herein, constitute your entire agreement with the Company. The Company reserves the right to make changes to the Site, these Terms of Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor the right to enforce such provision.

You agree that these Terms of Use and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

 

Contacting UsersWe may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email, if we have an email address for you. You may update your email address by emailing info@rananyc.com with your updated contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at info@rananyc.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

 

Contact us. If you have questions or comments about these Terms of Use, please contact us at: info@rananyc.com

Copyright © 2016 Rana USA. All rights reserved