Website, our mobile application (“Application”), or our widgets (the collectively the “Site”) and
our online Services (“Services”). By accessing and using this Site, you acknowledge that you
have read, understood and agree to be bound by these Terms which form an agreement that is
effective as if you had signed it. If at any time you do not agree to these Terms, please do not
access or use this Site or any of its content.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
PERMITTED USERS OF SITE
This Site is directed to persons 16 years of age or older. This Site and Empire State PIzza do not knowingly collect information from persons under age 16. If you are under age 16, you are not permitted to use this Site or to submit any personally identifiable information to the Site.
PERMITTED USE OF SITE
The content available through the Site (the “Content”) is the sole and exclusive property of
Empire State PIzza and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purpose, any portion of the Site or the Content other than as
expressly authorized by Empire State PIzza in writing. Use of the Site or the Content in any way
not expressly permitted by these Terms is prohibited, and may be actionable under United
States or international law. You agree not to access the Site by any means other than through a
standard web browser.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by Empire State PIzza, you are permitted to view and use the Site and the Content solely for your own information and for purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site or the Content unless expressly authorized by Empire State PIzza. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Site or in the Content.
Special terms may apply to some products or services offered on the Site, or to any sweepstakes, contests or promotions that may be offered on the Site. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
All sweepstakes, contests, or promotions, offered on any of Empire State PIzza's sites, including social media pages, are subject to change. Sweepstakes winners are selected at random. Empire State PIzza reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Empire State PIzza in its sole discretion. In such event, Empire State PIzza, in its sole discretion, may elect to hold a random drawing for the Prize offered herein from among all eligible entries received up to the date of discontinuance to the extent reasonably possible and practical in light of the termination. Empire State PIzza reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Empire State PIzza reserves the right to seek damages from any such person to the fullest extent permitted by law. Empire State PIzza's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
NO PURCHASE, PAYMENT OR ENTRY FEE IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR ENTRY FEE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. MESSAGE AND DATA RATES MAY APPLY.
You acknowledge and agree that, as between Empire State PIzza and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Empire State PIzza or its licensors and are protected by United States intellectual property laws and other applicable laws.
Copyright: All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Empire State PIzza or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site; using the Site as a resource; or using the Site for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Empire State PIzza. Without limiting the foregoing, Empire State PIzza is a registered trademark of Empire State PIzza. Unauthorized use of any trademark of Empire State PIzza may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by Empire State PIzza or of Empire State PIzza by the third parties.
YOUR INDEMNITY OF Empire State PIzza
USER GENERATED CONTENT
Communications Services: The Site may contain galleries for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Empire State PIzza, the Site and other users of the Site (collectively, “Communication Services”). Where the Site seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the Site. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Empire State PIzza reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Use the Site or the Content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Communication Services or the Site.
Use the Site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Site.
Aggregate, copy, duplicate, publish, or make available to third parties outside the Site in any manner any of the Content or any other materials or information available from the Site.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Engage in any other action that, in the judgment of Empire State PIzza, exposes it or any third party to potential liability or detriment of any type.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Site (“Submission”). All Submissions are subject to these Terms. Empire State PIzza is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person's or entity's rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Empire State PIzza's or its designees' use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant Empire State PIzza and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in Empire State PIzza's discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission
Links to Other Websites and Search Results: The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Empire State PIzza and Empire State PIzza is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and Empire State PIzza disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Empire State PIzza shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Site: You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Empire State PIzza or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with Empire State PIzza or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) Empire State PIzza reserves the right to revoke its consent to the link at any time and in its sole discretion.
MODIFICATIONS TO SITE
Empire State PIzza reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Empire State PIzza shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
SITE ACCOUNT AND PAYMENT
To register and become a member of our Site, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Empire State PIzza has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You acknowledge and agree that for each order you place through the Site, the full cost of products you order (for which prices are subject to change without notice) assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a SMS or web browser command originating from your Account constitutes an authorization for the Site to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account, regardless of whether you actually receive the Products. The Site will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Site.
SUSPENSION AND TERMINATION RIGHTS
Empire State PIzza reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms. You agree that Empire State PIzza shall not be liable to you or any third party for any such suspension or termination.
THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Empire State PIzza AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Site is free of viruses or other harmful code.
LIMITATION ON LIABILITY
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
GOVERNING LAW AND DISPUTES
These Terms shall be governed by, and will be construed under, the laws of the State of New York, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for New York City in the State of New York, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, Empire State PIzza, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Empire State PIzza does not represent that the Site or Content are appropriate outside the United States of America.
Empire State PIzza shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms set forth the entire understanding and agreement between you and Empire State PIzza with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Empire State PIzza's failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Empire State PIzza, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.