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Terms of Use

Last updated: October 3, 2013

 

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PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THESE “TERMS OF USE” CAREFULLY BEFORE YOU USE THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.  You, the user of this website, agree that your access to and use of this website (including browsing) is subject to the terms and conditions set forth in these Terms of Use and any additional terms, conditions, guidelines, rules and/or codes of conduct applicable to specific areas of the website that may be posted in those areas, as well as with all applicable laws. You agree that any such access or use is undertaken at your own risk. The additional terms, conditions, guidelines, rules and codes of conduct applicable to specific areas of the website, together with these Terms of Use, govern your use of those areas. If there is a conflict between these Terms of Use and the more specific terms, conditions, guidelines, rules or codes of conduct posted elsewhere on the website, the more specific terms will control your use of the applicable area of the website. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY ADDITIONAL POSTED TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT, DO NOT BROWSE OR OTHERWISE USE THIS WEBSITE.

 

USE OF THE WEBSITE IS FREE HOWEVER YOU ARE RESPONSIBLE FOR ANY MOBILE NETWORK OR THIRD PARTY NETWORK PROVIDER’S RATES AND FEES.

 

NOTHING IN THESE TERMS OF USE OR ANY OTHER TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT POSTED ON THE WEBSITE ARE INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW WHERE YOU RESIDE.  IF THERE IS A CONFLICT BETWEEN THOSE LEGAL RIGHTS AND THIS AGREEMENT, YOUR RIGHTS UNDER APPLICABLE LAW WILL APPLY.

 

Welcome to http://www.mariobatali.com/ (the “Site”), owned, operated and maintained by Mario Batali LLC (“Service Provider,” “we,” “us,” or “our”), for your personal entertainment, enjoyment and information. The words “you,” “your,” and “user’ as used herein refer to all individuals and/or entities accessing or using the Site. Use of the Site is subject to these Terms of Use (the “Terms of Use”).  Additional terms, conditions, guidelines and/or rules may also be posted in specific areas of the Site and, together with these Terms of Use, govern your use of that area of the Site; if there is any conflict between these Terms of Use and the more specific terms, conditions, guidelines, rules or codes of conduct applicable to a specific area of the Site, the more specific terms will govern the use of that area of the Site. These Terms of Use are a contract between you and Service Provider, and your use of the Site constitutes your agreement to its terms and conditions, and your use of any area of the Site for which additional terms, conditions, guidelines, rules or codes or conduct are posted constitutes your agreement to those additional terms, conditions, guidelines, rules and codes of conduct.

 

We reserve the right, in our discretion, to change or modify these Terms of Use from time effective immediately upon posting of the revised Terms of Use, and the date of the most recent revisions will appear at the top of this page, so check back each time you use the Site.  If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Site and services.  Your continued use of the Site and services will constitute your binding acceptance of these Terms of Use, as amended from time to time.  The Site is maintained for your convenient access to information about Mario Batali, his restaurants, books, new products, special events and appearances, food related information, news, travel information, surveys and newsletters, as well as links to other websites or applications we think might be of interest to you.  IF AT ANY TIME THE TERMS OF THESE TERMS OF USE OR ANY TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT APPLICABLE TO SPECIFIC AREAS OF THE SITE ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL BROWSING AND OTHER USE OF THE SITE AND SERVICES.

 

These Terms of Use also incorporate by reference our Privacy Policy, which can be found at: http://mariobatali.com/privacy-policy/

 

Your access to and use of the Site is subject to your compliance with these Terms of Use and all applicable laws.  Without limiting anything set out elsewhere in these Terms of Use, your continued use of the Site is contingent upon your checking for any updates to these Terms of Use and Privacy Policy http://mariobatali.com/privacy-policy/ and your agreement to be bound by any such revisions.  You can view the most current version of these Terms of Use at any time by clicking on the Terms of Use link at the top or the bottom of the Site. Your continued right to access and use the Site will terminate immediately, without any further action by Service Provider, if you breach these Terms of Use or any terms, conditions, guidelines, rules or codes of conduct applicable to any specific area of the Site.

 

REGISTRATION INFORMATION.

 

You need not register in order to use the Site. However, in order to access some features of the Site, to receive our newsletter or participate in certain promotions offered on or through the Site now or in the future, you may have to register or provide information and, by doing so, you may be provided with or be required to choose, a Username, Password and/or other registration information and/or to furnish your name and email address or other personal information (“Registration Information”).

 

Submitting the Registration Information will signify your agreement that all Registration Information provided is complete, accurate and up-to-date and that you will keep your Username and Password confidential and notify us immediately and in no event later than 24 hours of any unauthorized use of your account, or other breach of security.  Once you have registered, you are responsible for maintaining the confidentiality and security of your Username and Password and for updating your Registration Information as necessary.  You may not authorize others to use your Registration Information.  You may not sublicense, transfer, sell or assign your Registration Information to any third party without our prior written approval.  Any attempt to do so will be void ab initio and a material breach of these Terms of Use.

 

You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site.  If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Site, if available.  We have the right to rely on any information you provide to us and shall have no liability for any such reliance.  You are solely responsible for any and all use of such Registration Information.  Without limiting the foregoing, we reserve the right to terminate your account without prior notice, if your Registration Information contains any untruthful or inaccurate information.  The collection and use of all information submitted in connection with registration is subject to the terms of our Privacy Policy http://mariobatali.com/privacy-policy/

 

OWNERSHIP AND USE OF SITE CONTENT.

 

You acknowledge that all content, including, without limitation, names; likenesses; images; pictures; graphics; code and software; photographs; videos; scripts, links, interactive features; recipes; trademarks; trade names; and other material and files used on or incorporated into this Site, the “look and feel” of the Site, the selection, compilation, assembly and arrangement of the Content on the Site, and all other material related to the Site (including past, present and future versions; collectively, the “Content”) are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of Service Provider, or used under license or otherwise, and all rights thereto are specifically reserved.  The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on the Site are owned by Service Provider and others and no license or right to use any Marks contained on the Site is granted, whether by implication or otherwise. Use of any Marks contained on the Site is expressly prohibited unless authorized in writing by Service Provider or the owner of the applicable Marks.   All rights not explicitly granted herein are reserved.

 

Without limiting anything set out above, 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, any and all copyright notices, trademark notices, information, credits, by-lines or restrictions contained in or on any Content available on, incorporated into or accessed through the Site.  Subject to your strict compliance with this Agreement, we grant you a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license to download (for temporary storage only), stream, display and view the Content (but not any source or object code in raw form or otherwise other than as made available to access and use a standard web browser) on your personal computer, tablet, mobile phone or other wireless device for your personal, non-commercial use only, provided that (a) you maintain all copyright and other notices and credits intact, (b) you do not alter or modify the Content in any way, (c) you do not sell or allow any third party to sell advertising in connection with such Content or otherwise monetize or attempt to monetize the Content in any way, (d) you do not use the Content in any manner that suggests an association with Mario Batali or any business, product, service or endeavor with which he is associated, (e) you do not insert any code or manipulate the Content in any way that affects any user’s experience of the Site or the Content.  If we provide any “share” functionality for Content on the Site (e.g., a “share” button), subject to your strict compliance with this Agreement, we also grant you a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license for you to post such Content on your personal social media pages or feeds and/or to share such Content with third parties solely for their personal non-commercial use, provided that in both cases you comply with subparagraphs (a) through (e) above with respect to such uses.

 

If you have any question as to whether we own certain Content contained on our Site, do not download, use or copy it without first contacting us (e.g., content that is user generated content or that appears to have been uploaded by a third party or that is identified (or is identifiable) as property of a third party (e.g., third party trademarks such as “Twitter”) should not be copied or downloaded by you).  You may not copy, use, download, modify, frame, publish, 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.  If permission is granted by Service Provider and/or 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, trademark notices and other restrictions contained on the Site.  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 (and all other entities with an interest in the relevant intellectual property) or on the Site.  Except as expressly authorized, the use of any trademarks, trade names, logos or other Content posted on or available through 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.  We apologize for any inconvenience.

 

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; use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction; and/or 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.

 

USER CONDUCT AND USER GENERATED CONTENT.

 

We may provide interactive activities on the Site such as article and blog comment posting areas, embedded third party social media applications or sites (for example, Mario Batali’s Twitter feed), sharing functionality, SMS text messaging, mobile alerts and mobile e-mail updates, collectively identified as “Interactive Areas,” for the enjoyment of our visitors.  You may not use the Site or any of the Interactive Areas in a way that violates this Agreement or any applicable federal, state, or international law, or for any other unlawful purpose, or as to any Interactive Area that embeds any third party’s application or website, in violation of the “terms of use” or “privacy policy” of such application or website.  You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Service Provider or others.

 

Content posted by you and other Site users (“User Generated Content,” which includes your comments, third party comments, photographs, recipes, videos, competition entries, and third party content contained in any Twitter feed or other third party social media embedded in or visible on the Site) and content posted by other non-mariobatali.com contributors unaffiliated with Service Provider, is generally not reviewed by Service Provider.  Nonetheless, Service Provider reserves the right to change, delete, or remove, in part or in full, any User Generated Content for any reason, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of the Site, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law.  In addition, Service Provider shall have the right to remove any User Generated Content it has reason to believe may infringe the rights of a third party.  Service Provider reserves the right, in its sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit Service Provider’s response to a future occurrence.  You acknowledge and agree that Service Provider shall not assume or have any liability for any action or inaction by Service Provider with respect to any User Generated Content.  Users shall remain solely responsible for User Generated Content and any material or information transmitted to, or interaction with, other users. You agree that you must evaluate and bear all risks associated with the use of any User Generated Content.

 

User Generated Content may become publicly available on the Site, such as Interactive Areas.  Service Provider, its affiliates, and our and their officers, directors, member, managers, employees, contractors, representatives and agents that conduct, operate and/or manage the Site’s Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or User Generated Content posted, uploaded or transmitted in these Interactive Areas. You may not submit or upload any User Generated Content or otherwise engage in any activity on the Site that (a) is unlawful; harmful to adults or minors; threatening; abusive; harassing; tortuous; defamatory; vulgar; obscene; libelous; invasive of another’s privacy; hateful; or racially, ethnically or otherwise objectionable; or (b) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person; (c) contains unauthorized advertising or solicits other visitors;  (d) depicts any minor unless you are their parent or legal guardian and have the authority to consent to such use on their behalf; or (e) is intended by the visitor to interfere with, disrupt, harm, destroy or limit the functionality or integrity of any computer software, hardware, Content or Site (each a “Prohibited Activity Category” and together the “Prohibited Activities”).

 

You represent and warrant that each time you submit any User Generated Content, (a) you are at least 18 years of age, (b) you are the sole author and owner of such User Generated Content and have all necessary legal consents from any person(s) shown, performing, depicted or referred to in such User Generated Content, (c) will not fall within any Prohibited Activity Category, (d) you own or control all necessary rights and permissions, without the need for any payment to any other person or entity, to use and exploit, and authorize us to use and exploit, your User Generated Content on our Site, (e) we will not have any obligation to obtain consent from any third party in connection with our use of the User Generated Content and (f) such User Generated Content does not otherwise violate any of the terms of this Agreement. We do our best to encourage comfort and discourage disruptive communication.  We also discourage disruptive statements that incite others to violate our Terms of Use or policies.  We encourage your participation in upholding our standards.  You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our Site.  Service Provider reserves the right to terminate your access to and use of the Site, if, in our sole discretion, your conduct falls within any of the Prohibited Activity Categories.

 

You must be thirteen (13) years of age or older to participate in the Site’s Interactive Areas.  Service Provider will not accept registrations from or knowingly allow participation in its Interactive Areas by persons under thirteen (13) years of age.  For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address.  You should always use your screen name to identify yourself.  By participating in any of the aforementioned activities, all visitors and members agree to follow Service Provider’s User Conduct Policy as described herein or elsewhere on the Site.  Service Provider reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any User Generated Content that is commercial in nature or to terminate access to and use of the Site by any user who posts commercial content.

 

We also strive to make its Interactive Areas enjoyable.  Our Interactive Areas welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view.  When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people.  We ask that you treat others with respect.  Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor’s access to the Site and Registration (if the user has registered), in Service Provider’s sole discretion, in addition to any other remedies.  As stated above, we may also post additional terms, conditions, guidelines, rules, and/or codes of conduct for certain Interactive Areas and any such additional posted terms, conditions, guidelines, rules, or codes will be incorporated by reference into these Terms of Use.  To the extent there is a conflict between the rules governing a promotion or code of conduct posted in a specific area of the Site and these Terms of Use, then those rules or code of conduct shall govern solely with respect to the conflicting terms and the specific promotion or area of the Site.  If you see objectionable User Generated Content or have any questions about the Prohibited Activities, please contact us at info@mariobatali.com

 

Your User Generated Content will be treated as non-confidential and non-proprietary ideas and content, regardless of any markings on them such as “confidential” or “proprietary” or any other similar notices or markings. No User Generated Content will be returned to you, so please retain your own copies. We do not have any obligation to actually post your User Generated Content or to maintain it on the Site for any period of time if posted. You acknowledge that the internet and wireless technology is not secure and may be subject to security breaches, so please consider this before submitting anything to us.

 

COPYRIGHT/INTELLECTUAL PROPERTY.

 

Service Provider respects the intellectual property of others and expects its users to do the same.  Without limiting anything set out elsewhere in these Terms of Use, 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 Service Provider and/or others; however, Service Provider has no responsibility for content on other websites that you may find or access when using the Site and/or Service Provider’s products or services.  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 these Terms of Use, govern your use of that material.

 

Notice for Claims of Intellectual Property Violations and Agent for Notice

 

If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material.  Your notice to us must include the following information:

 

1.     an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

 

2.     identification of the copyrighted work or other intellectual property claimed to have been infringed;

 

3.     a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;

 

4.     your address, telephone number, and email address;

 

5.     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

 

6.     information, if possible, sufficient to permit Service Provider to notify the owner/administrator of the allegedly infringing webpage or other content; and

 

7.     a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice.  Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright.  Notices and counter-notices should be sent to our Agent:

 

By mail:

Mario Batali LLC
c/o Otto Enoteca
One Fifth Avenue
New York, New York 10003

 

Attn: Legal / Copyrights

 

By phone:

(646) 619-8383

 

By email:

legal@mariobatali.com

Please note that, due to security concerns, attachments cannot be accepted.  Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

 

PERMISSIONS.

 

If you are seeking permission to use Service Provider’s trademarks, logos, service marks, trade dress, slogans, screen shots, photographs, copyrighted designs, or other Mario Batali-related brand features, please contact permissions@mariobatali.com, not our copyright Agent.

 

THIRD PARTY SITES.

 

The Site may contain links to websites and/or embed third party social media applications that are unrelated to us and are owned and operated by third parties (the “third-party sites or apps”).  Service Provider does not make any representations or warranties about any third-party sites and apps you may access through this Site.  These links and embedded applications 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 or apps.  We are not responsible for the contents of, or any products or services offered on, any third-party sites or apps.  You need to make your own independent decisions regarding your interactions or communications with any other website or application.

 

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.

 

Your use and browsing of, and any reliance by you upon, our Site is at your own risk.  If you are dissatisfied with the Site or any Content, these Terms of Use, or with any of the terms, conditions, guidelines, rules or codes of conduct applicable to any area of the Site, 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, ANY INFORMATION ON THE SITE AND ALL E-MAILS SENT BY SERVICE PROVIDER, ITS AFFILIATES AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGER, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.”  NEITHER WE, NOR OUR AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES 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 AND THE SITE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE ON THE SITE OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE.  WITHOUT LIMITING ANYTHING SET OUT ELSEWHERE IN THESE TERMS OF USE, NEITHER SERVICE PROVIDER, NOR ANY OF ITS RELATED PARTIES, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS, OR ANY OF THEIR RELATED PARTIES ARE LIABLE FOR OR SHALL BE LIABLE FOR OR HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY INJURY (COMMERCIAL OR OTHERWISE), LOSS OR DAMAGE THAT A VISITOR INCURS, INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THE SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THE SITE OR THE CONTENT AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SITE OR MATERIALS ON THE SITE; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE SITE; OR (V) FROM ANY VISITOR’S FAILURE TO COMPLY WITH THE TERMS OF USE OR ANY TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT APPLICABLE TO ANY AREA OF THE SITE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH INJURY, LOSS OR DAMAGE MAY HAVE BEEN WITHIN THE CONTROL OF SERVICE PROVIDER OR ITS RELATED PARTIES.  IN NO EVENT SHALL SERVICE PROVIDER OR ITS RELATED PARTIES 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 AND ITS RELATED PARTIES HAVE 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 USE AND POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS.  SERVICE PROVIDER AND ITS RELATED PARTIES WILL NOT 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 THE SITE.

 

You specifically acknowledge and agree that Service Provider and its officers, directors, members, managers, employees, contractors, representatives and agents are not liable for and shall not be 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, Service Provider does 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 Service Provides shall not be liable for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site or the server that makes it available, or your downloading of any Content from the Site.

 

Service Provider will also not be responsible for delays or failures in performing any obligations under these Terms of Use, whether or not due to any cause beyond our reasonable control.

 

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SERVICE PROVIDER AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE 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 DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY.  THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SERVICE PROVIDER, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS 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” MEANS 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 UNSOLICITED MATERIALS, USER GENERATED CONTENT AND ANY OTHER MATERIALS BY YOU.

 

INDEMNITY.

 

Without limiting any other provision contained in these Terms of Use, you hereby agree, at your own expense, to indemnify, defend and hold harmless Service Provider and its members, managers, officers, directors, employees, independent contractors, representatives, agents and related parties, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or relating to (i) any User Generated content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, (iii) activity that occurs under your account; or (iv) your infringement or violation of any laws, rules, restrictions or regulations applicable to the Site; and/or (v) any fraud or manipulation, or other breach or alleged breach of the terms of these Terms of Use.  Service Provider reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you.  You agree to fully cooperate as reasonably requested by Service Provider in the defense of any claim.  In any event, you shall not settle any matter without the written consent of Service Provider.

 

Without limiting anything set out above, you hereby release each of the indemnified parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, our Privacy Policy http://www.mariobatali.com/privacy-policy/and/or any use by you of the Site. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

RESTRICTIONS ON USE OF MATERIAL.

 

You agree not to use the Site for sale, trade or other commercial purposes, and, except as expressly permitted in these Terms of Use, you may not modify, copy, publish, display, transmit, translate, adapt or in any way exploit the Content on the Site unless you obtain prior written consent from us for the particular use — and from all other entities with an interest in the relevant intellectual property.  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 the Site or Service Provider’s mail or e-mail addresses, or in any other way.  Please note that any information, materials, suggestions, ideas, comments or media (collectively, the “Unsolicited Materials”) sent to Service Provider in any manner or media will be deemed non-confidential and non-proprietary, even if marked “confidential” or “propriety” or with any other similar notation. Without limiting the foregoing, Unsolicited Materials includes, but is not limited to, recipes; ideas; formats; business plans; proposals; treatments; outlines; text; photographs; designs; artwork; or any  materials for books, television, websites, applications, articles, restaurants, retail, technology or other business or artistic endeavors, products, services, or for any other purpose whatsoever. By submitting or sending any 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, and you agree to waive any “moral rights” you may have in the Unsolicited Materials. Our receipt of such Unsolicited Material is not an admission by us that it is novel, that you have priority with respect to its originality or that it is protectable by law. In addition, we retain all the rights held by members of the general public with regard to your Unsolicited Materials, including any ideas that are the basis thereof or that are embodied therein.

 

USER’S GRANT OF LICENSE IN USER GENERATED CONTENT AND UNSOLICITED MATERIALS.

 

By communicating with Service Provider, including submitting or sending Unsolicited Materials, User Generated Content or other information or material to the Site or to Service Provider (or any related person or entity) by email, regular mail or otherwise, 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 and/or User Generated Content (in whole or part) and otherwise exploit the Unsolicited Materials and User Generated Content, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials or User Generated Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution or compensation 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 or User Generated Content you agree to waive any “moral rights” you may have in the Unsolicited Materials or User Generated Content.

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 or User Generated Content 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, User Generated Content, or your image, photo, likeness, voice and performance as set forth in this Agreement.

 

GOVERNING LAW AND LIMITATION OF ACTIONS.

 

The terms of these Terms of Use and any additional terms, conditions, guidelines, rules and codes of conduct applicable to any specific area of the Site shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce these Terms of Use or any such additional terms, conditions or guidelines, to the jurisdiction of the federal and state courts located in New York, New York.  No action, regardless of form, arising out of these Terms of Use or any such additional terms, conditions, guidelines, rules and codes of conduct, may be brought by either party more than one (1) year after the cause of action has arisen.

 

MISCELLANEOUS.

 

These Terms of Use, together with any additional terms, conditions, guidelines, rules and codes of conduct set forth in any specific area of the Site, set forth the entire agreement between the parties with regard to the subject matter hereof.  No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of Agreement, except as referenced herein.  This Agreement may be only amended as set above.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement.  Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.  This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Section headings are for convenience only and have no legal or contractual effect.  All rights not expressly granted herein are reserved.

 

CONTACT US.

 

For media inquires, contact: media@mariobatali.com

 

For business inquiries, contact: businessinquiries@mariobatali.com

 

For general inquiries, contact: general@mariobatalifoundation.org

 

For permissions inquiries, contact permissions@mariobatali.com

 

 

For Inquiries about the Mario Batali Foundation, please use the following:

 

For media inquires, contact: press@mariobatalifoundation.org

 

For general inquiries, contact: general@mariobatalifoundation.org

 

IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE EXIT THE SITE.

 

 

Last updated as of October 3, 2013.

 

Copyright © 2013 Mario Batali LLC.  All rights reserved.