Introduction. This is a legally binding agreement between you (or the “user”) and Monte Carlo Restaurant Limited operating as Mamma’s Pizza®. (“Mamma’s Pizza”, “us”, or “we”). Please read this agreement carefully before using the web site located at www.mammaspizza.com (the “Site”). By accessing, browsing or otherwise using the services offered on the Site, you agree to comply with these Web Site Terms and Conditions (this “Agreement”), as amended from time to time. If you do not agree with this Agreement, do not use the Site. Please be sure to review this Agreement from time to time to be aware of any modifications to this Agreement, since your continued use of the Site shall be deemed to be your acceptance of the Agreement as modified.
2. Copyright, Trademarks and License for Submissions. Except for public domain material, the contents of the Site are protected by intellectual property laws, including those relating to copyright and trademarks. Mamma’s Pizza is the owner of the copyright in the Site and is the owner or licensee of trademarks used on the Site. All rights not expressly granted to you in this Agreement are reserved.
In the event that you send us any comments, questions, product or service suggestions or submissions (“Submissions”), e.g. via e-mail, you thereby agree to grant to Mamma’s Pizza a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, if we so choose, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform the Submissions, or any part(s) thereof, and other information (including, without limitation, ideas contained therein) by any means and in any media now known or hereafter devised. You represent and warrant that you have, or the third party holder of the moral rights in any Submission has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the license granted herein. Users remain solely responsible for the content of their Submissions. You agree that any Submissions will not include any libelous, defamatory, inaccurate, abusive, threatening, offensive or illegal material and that the transmission of any such material shall constitute a material breach of this Agreement. You grant to us the right to decide to use your name or not to, in connection with the Submissions, in connection with any advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Mamma’s Pizza for any alleged or actual infringement or misappropriation of any proprietary right in the Submissions.
3. “As Is” Use of the Site. We provide the Site and related information “as is” and “as available basis, and do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any information contained therein, any products or services provided through the Site or on the Internet generally, and we shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
As a user of the Site, you may print and download portions of it solely for reference and for your own personal and non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices. You shall not copy, reproduce, republish, upload, post, transmit, modify or distribute, in any manner, any of the contents of the Site, including any text, illustrations, graphics, code and/or software. You are prohibited from reverse engineering, decompiling, disassembling the Site or any of its contents, and from violating, plagiarizing or infringing on the rights of Mamma’s Pizza or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights.
You agree not to engage in any conduct which Mamma’s Pizza, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with the Site or our computer systems. Engaging in any prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
You assume total responsibility and risk for your use of the Site and the Internet. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information, opinions, advice, services, or merchandise provided through the Internet. We do not warrant that your use of the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Except for the Site itself and information, products or services clearly identified as being supplied by Mamma’s Pizza, we do not operate, control or endorse any information, products or services on the Internet.
We make no representations whatsoever about any other web site which you may access through the Site, including web sites owned by our franchisees. When you access another site, even via a link from our Site, please understand that it is independent from us, and that we have no control over the content on that web site and that the link is provided for convenience only. A link does not mean that we endorse or accept any responsibility for the content, or the use, of such other web site or any products, services, materials or statements contained therein.
Your access to the Site on the Internet is provided by an independent third party, and we have no responsibility or liability for your use of the Internet. We cannot and do not guarantee or warrant that any files that may be available for downloading from the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You or your third party Internet service provider are responsible for implementing sufficient information technology protection procedures to satisfy your particular requirements for accuracy of data input and output, and for reconstructing any lost data.
In certain situations, e.g., when you register a Mamma’s Pizza Gift Card, you will be required to create an account with a userid and password. It is your sole responsibility to protect that userid and password.
4. Limitation of Liability. In no event will Mamma’s Pizza be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any information, or transactions provided on the Site, or downloaded from the Site, or any delay of such information, even if we or our authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies on the Site and/or materials or information downloaded from the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. However, our liability is limited to the greatest extent permitted by law.
5. Indemnification. You agree to indemnify, defend and hold harmless Mamma’s Pizza, its subsidiaries, affiliates, officers, directors, employees, representatives, agents, franchisees, licensors, licensees, services providers, suppliers and contractors (“Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from your breach of this Agreement or your violation of any law or the rights of such Indemnified Party. Mamma’s Pizza reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Mamma’s Pizza.
6. Third Party Rights. The provisions of paragraphs 3 (“As Is” Use of the Site), and 5 (Indemnification) are for the benefit of Mamma’s Pizza, as well and the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term and Termination. This Agreement may be terminated by Mamma’s Pizza or by you without notice at any time for any reason. We may terminate or suspend your access to all or part of the Site, and your access to any products or services, as a result of our determination that you have breached this Agreement. As necessary by implication, provisions of paragraphs 1 (Privacy), 2 (Copyright, Licenses and Licenses for Submissions), 3 (“As Is” Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) survive any termination of this Agreement.
8. Miscellaneous. This Agreement and your use of the Site shall all be governed and construed in accordance with the laws of the Province of Ontario and federal laws of Canada applicable therein. Any legal action or proceeding arising under this Agreement shall be resolve exclusively by the courts located in Toronto, Ontario. You agree not to bring any legal action against Mamma’s Pizza in any jurisdiction but the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and Mamma’s Pizza in connection with your use of the Site. Access to this Site is not permitted where prohibited by law. If you choose to access this Site, you do so at your own initiative and are solely responsible for compliance with applicable laws. Your use of this Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship between you and Mamma’s Pizza, other than that of independent contractors. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
Copyright 2012 Monte Carlo Restaurant Limited, operating as Mamma’s Pizza
Revision date: June 21, 2012