TERMS & CONDITIONS (TERMS OF USE)

These Terms & Conditions govern your use of this website; by using this website, you accept these Terms & Conditions in full. If you disagree with these Terms & Conditions or any part of these Terms & Conditions, you must not use this website.

These Terms & Conditions should be read to include, and in conjunction with, the entirety of the Privacy Policy.

You must be at least 13 years of age to use this website. By using this website (and by agreeing to these Terms & Conditions) you warrant and represent that you are at least 13 years of age.

This website will use cookies. By using this website and agreeing to these Terms & Conditions, you consent to Fresco Pizza’s use of cookies in accordance with the terms of Fresco Pizza’s Privacy/Cookies policy.

Use and reference of “Fresco Pizza” is always used as an abbreviation of Fresco Pizza & Pasta. Further references to Fresco Pizza may also include “we”, “us”, “our” and other such pronouns.

Disclaimer:

This Disclaimer governs your use of our website. By using our website, you accept this Disclaimer in full. If you disagree with any part of this Disclaimer, you must not use our website.

Unless otherwise stated, Fresco Pizza and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view and download for cacheing purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms & Conditions.

You Must Not:

  • Republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website; show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Terms & Conditions Regarding Winning Prizes, Rewards, and/or Giveaways

  • Fresco Pizza has sole discretion establishing the threshold number of up-votes required to win a prize or reward per its Blog Posts or other such method of a discount or giveaway.
  • Fresco Pizza has sole discretion not to award any prize or reward, even if a consumer has met the minimum requirements, if such prize or reward cannot be given by the offering store, sponsor, or offering entity.
  • Fresco Pizza has sole discretion to lower the value of the prize amount, or any part of its value, for any reason.
  • Fresco Pizza has sole discretion to replace a reward or prize with another reward or prize.
  • Consumers must show valid proof of identity, such as a Drivers License or State ID.
  • Consumers may give away their prize or reward, provided it gives notice to Fresco Pizza of its decision to have another person collect on the prize or reward.
  • Consumers have ninety days (90) to collect on rewards or prizes. Thereafter, the reward or prize expires and the winner forfeits the prize or reward.
  • Fraud or collusion nullifies all wins.
  • Consumers who collect on prizes or rewards must give a review of Fresco Pizza on the frescopizza.nyc website, on the Fresco Pizza Google-My-Business page, and on all Fresco Pizza social media pages.
  • Consumers are expected to write in a favorable light about Fresco Pizza, unless the consumers’ experience was a negative one; in which case, the consumer will allow for Fresco Pizza to offer a better experience, if possible.
  • Giveaways and all prizes or rewards must be verified that the person won honestly and by our rules. Once verified, Fresco Pizza will, in its discretion, notify the winner through email, letter, phone, or other communication.
  • All winners of prizes, rewards, or giveaways explicitly allow Fresco Pizza to use that winner’s image, pictures, likeness, name and any other visual or non-visual context of said person in any media for both private and commercial use without exception.
  • Fresco Pizza may alter these Terms & Conditions (to both the larger Terms of Use and the more narrow Terms & Conditions per prizes, rewards, and giveaways) without notice or permission.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Fresco Pizza’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Fresco Pizza’s express written consent.

Restricted Access

Access to certain areas of this website may be restricted. Fresco Pizza reserves the right to restrict access to other areas of this website, or indeed this entire website, at its own discretion.

If Fresco Pizza provides you with a user ID and password to enable you to access restricted areas of this website, or other content or services, you must ensure that the user ID and password are kept confidential.

Fresco Pizza may disable your user ID and password in Fresco Pizza’s sole discretion without notice or explanation.

Currently, Fresco Pizza has not restricted any part of its site.

User Content

In these Terms & Conditions, “your user content” means material (including, without limitation, to text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Fresco Pizza a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Fresco Pizza the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Fresco Pizza’s or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Fresco Pizza reserves the right to edit or remove any material submitted to its website, or stored on Fresco Pizza’s servers, or hosted or published upon this website.

Notwithstanding Fresco Pizza’s rights under these Terms & Conditions in relation to user content, Fresco Pizza does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied. Fresco Pizza makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Fresco Pizza does not warrant that:

  • This website will be constantly available, or available at all;
  • Or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

Limitations of Liability

Fresco Pizza will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Fresco Pizza has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Fresco Pizza’s liability in respect of any:

  • Death or personal injury caused by Fresco Pizza’s negligence;
  • Fraud or fraudulent misrepresentation on the part of Fresco Pizza; or
  • Matters which it would be illegal or unlawful for Fresco Pizza to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Fresco Pizza has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fresco Pizza’s officers or employees in respect of any losses you suffer in connection with this website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Fresco Pizza’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Fresco Pizza itself.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Fresco Pizza and undertake to keep Fresco Pizza indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to legal expenses and any amounts paid by Fresco Pizza to a third party in settlement of a claim or dispute on the advice of Fresco Pizza’s legal advisers) incurred or suffered by Fresco Pizza arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these Terms & Conditions.

Breaches of These Terms & Conditions

Without prejudice to Fresco Pizza, and other rights under these Terms & Conditions, if you breach these terms and conditions in any way, Fresco Pizza may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Fresco Pizza may revise these Terms & Conditions from time-to-time. Revised Terms & Conditions will apply to the use of this website from the date of the publication of the revised Terms & Conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Fresco Pizza may transfer, sub-contract or otherwise deal with Fresco Pizza’s rights and/or obligations under these Terms & Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms & Conditions.

Severability

If a provision of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms & Conditions constitute the entire agreement between you and Fresco Pizza in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These Terms & Conditions will be governed by and construed in accordance with New York State Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York State.

If a legal dispute does arise, the party initiating the legal claim must submit to Arbitration per to the American Arbitration Association.

Registrations and Authorizations

Fresco Pizza’s Copyright Agent and Authorized Agent can be reached as follows:

Andrew Logiudice or Gus Theodoratos

Copyright and Authorized Agents

Fresco Pizza & Pasta

560 E. 149th Street

Bronx, NY 10455

admin@FrescoPizza.nyc