Legal Terms

1. SERVICES SUBJECT TO TERMS AND CONDITIONS

The services available through WWW.PIZZOLANTE.COM and WWW.PIZZOLANTE.COM.VE are provided according to the terms and conditions contained in the respective contracts between PIZZOLANTE and its Clients, the General Conditions for Use, and the Policies and Legal Terms contained in this Web site, all in accordance to the laws of the Bolivarian Republic of Venezuela.

2. WEB SITE FOCUSED ONLY ON VENEZUELA

If you access this Web site outside of the Bolivarian Republic of Venezuela, you will be subject to the laws of the places of connection and other regulations that may be applicable and which PIZZOLANTE declares not to be aware of or acquainted with.

3. USERS OUTSIDE OF VENEZUELA

USERS who access this Web site outside of the Bolivarian Republic of Venezuela do so under their own responsibility and must comply with the applicable laws of the location.
PIZZOLANTE assumes no responsibility for any effect that the contents of this Web site may have outside the territory of the Bolivarian Republic of Venezuela, nor can guarantee that the contents of its Web site are appropriate for territories other than the above mentioned.

4. RATIONAL AND LEGAL USE OF THIS WEB SITE

The USER undertakes to rationally use this Web site, observing the law, public order and generally accepted good customs. It also undertakes to refrain from using the Web site for purposes that are unlawful or that impair the rights and interests of third parties.

The USER also undertakes not to deteriorate, render useless or put out of service the programming language, source codes, operation, functions or presentation of this Web site.
Especially, the USER shall refrain from:

a)  Using the contents of this Web site for purposes or effects that are contrary to the law, ethics and generally accepted good customs, or public order.

b) Reproducing or copying, distributing, allowing access to the public through any manner of public communication, transforming modifying or eliminating the contents of this Web Site, unless authorized by the holder of the relevant rights or whenever it is allowed by law.

c) Suppress, elude or manipulate the “Copyright” or other data identifying the rights of PIZZOLANTE, or of third parties listed as holders of such rights and the respective digital signatures, as the case may be.

5. SECURITY MEASURES AND TECHNOLOGICAL WARRANTIES

• Security of this web page: USERS are forbidden from breaching or trying to breach the security of this Web page, including:

a) Access to data not destined to them.

b) Entry to a server or account for which they are not authorized.

c) Assessment or test of the system or network’s vulnerability.

d) Breaching security or identification measures without proper authorization.

e) Trying to prevent any user, host or network to access the service, including, without limitation, by sending viruses to the Web page, or by saturation, mass messages, “spamming”, bombarding mails or blocking the system.

f) Sending unwanted mails, such as promotion and/or advertising of products or services, or the forging of any heading of the TCP/IP package or any portion of the header information of any e-mail or in messages of debate forums.

Security breaches of the system or the network may result in civil or criminal liabilities. PIZZOLANTE reserves the right to investigate the cases in which any such breaches may have occurred, and may address and cooperate the competent authority to go after the users involved in said actions.

• USER security: If PIZZOLANTE should implement on-line sales of products through this web page, it shall adopt the security measures that are necessary in order safeguard the integrity of the information sent by the USERS, including the verification of the authenticity of such messages, all in accordance with the provisions of the Law on Consumer and User Protection.

6. LIMITATION OF LIABILITY FOR THIRD PARTY CONTENTS/ACTIONS

• Miscellaneous Services: PIZZOLANTE may supply to the USER miscellaneous information through various services available on its Web page.  The information appearing in these sections may be supplied by third parties, wherefore PIZZOLANTE does not assume any liability regarding the accuracy or faithfulness thereof. The statements and concepts issued in interviews and articles of opinion are the sole liability of their authors.  The events and occurrences reported are only a reference, without PIZZOLANTE having any liability regarding the decisions adopted by the USER based on said information. Neither does it assume any liability for the accuracy of schedules nor locations set forth in such sections, since they are the sole liability of their suppliers.

• Special Sections: The information provided by PIZZOLANTE in the various sections of its Web site, whether current or in the future, must always be considered as merely referential and informative content.

7. GENERAL LIMITATIONS

• Improper use of this Web site: The USER must refrain from obtaining or even trying to obtain information, messages, charts, drawings, sound and/or image files, photographs, recordings, software and, generally, any kind of materials accessible through the Web Site, by using means or procedures other than those made available for such purpose or indicated on the Web page.  PIZZOLANTE does not assume any liability for the improper use of this Web site by the USER.

• Liability for viruses: The USER of this page understands and agrees that PIZZOLANTE does not guarantee in any way that the text or graphic files available, as contemplated in these notices, shall be free of viruses, troy-horses or contaminating and destructive codes. The USER is responsible for adopting sufficient measures, checking to guarantee the accuracy of the information contained in this page, and for maintaining any means to reconstruct the information, in the event of loss thereof.

8. COPYRIGHTS

The original copyrights regarding the design of this page are exclusive property of PIZZOLANTE. The USER of this page must presume, and so agrees, that each and all sections, names, texts, phrases, photographs, videos and recordings are protected by copyrights, unless otherwise provided in the Conditions, Policies and Terms of this Web page. Therefore, the contents thereof cannot be used completely or partially without the owner’s written consent.

The entire contents of this main page or those internally linked to it, including texts, logos, icons, video, audio and software are property of PIZZOLANTE or have been licensed for use by the latter. The software of this page may only be used as a resource for downloading the material contained therein. In this regard, PIZZOLANTE does not assume any responsibility for any damage caused to electronic equipment by USERS for not having used the software available, since the USER is downloading it at its own risk. PIZZOLANTE has used its best efforts to avoid any kind of incompatibility with the electronic equipment that it recommends for downloading such programs.

If you consider that your copyrights have been infringed in any way, please send a message to the address of “Contacts” appearing in this Web page.

PIZZOLANTE reserves the right to electronically protect its copyrights contained in this page, without the USER being entitled to make any claims regarding such protection.

9. TRADEMARKS

The trademarks, slogans, logos and other distinctive signs appearing in this Web page are property of PIZZOLANTE, and have been duly registered with the Competent Authority; therefore, unauthorized use is strictly forbidden by third party users. PIZZOLANTE reserves the right to bring the legal actions it deems advisable to enforce its rights both in Venezuela and abroad.

The use of any trademark or contents similar to this web site by third parties, both for mere reference purposes or for direct or indirect affiliation, must be previously authorized in writing and signed by PIZZOLANTE’s authorized personnel for such purpose.

10. DOMAIN NAMES

PIZZOLANTE expressly forbids the full or partial use of any of its trademarks or trade names for the registration of Domain Names on the Internet, unless it has granted written authorization according to the preceding provisions.

11. NO SPONSORSHIP

Under no circumstance may it be construed that PIZZOLANTE is directly or indirectly sponsoring any third-party’s web sites, unless this is evidenced or there is sufficient authorization accredited.  Consequently, PIZZOLANTE does not endorse or sponsor any product, campaign or promotion on the Internet, unless otherwise officially indicated in this web site, or any other site used by PIZZOLANTE for particular purposes.

12. USE OF LINKS

As stated in the General Conditions for use, this Web page contains or may contain links to other Web pages operated by individuals or legal entities other than PIZZOLANTE.  It is reiterated that the same have been provided solely and exclusively for the convenience of its USERS.  If otherwise is explicitly set forth in this Web page, PIZZOLANTE, has not investigated and is not informed of the contents, origin or operation of the pages to which the links refer.  For this reason, it is not liable for the contents and procedures used in these pages or the use given by third parties, even if they have had access to them through this Web page; such use being under the USER’s sole and exclusive account and risk.

13. GOAL - TAGGING & FRAMING

PIZZOLANTE expressly forbids the use of the PIZZOLANTE trade name or similar words as key words or “Goal-Tags” in other Web pages different from its own or from those of associated companies, or those with which there is an agreement for such purpose.

PIZZOLANTE reserves the legal actions available if it detects the use of its trade name according to the previously mentioned.

PIZZOLANTE rejects the total or partial use of any contents of its Web page, through a “Frame” format without its expressed consent, this being understood as the procedure whereby the Web page is divided into two or more screens that simultaneously show contents originating form other pages of a different nature. The use or display through any Web page of any content of WWW.PIZZOLANTE.COM.VE shall be deemed to be a direct breach of these Terms and Conditions, thus entitling PIZZOLANTE to bring the pertinent legal action.

14. SPAM (UNSOLICITED E-MAIL)

• To users/third parties: PIZZOLANTE’s policy is not to use the e-mail addresses provided for sending unsolicited e-mails and/or advertising information, which is commonly known a "Spam"; and in this sense, it will use its best efforts to enforce this policy. PIZZOLANTE will not use the e-mail provided by the USER or subscriber for purposes other than those related to the Contracts subscribed with its Clients and/or Affiliates, all upon the terms contained in said Agreements, and according to the provisions of Article 34 (Procedures) of Chapter V (Protection in E-Trade) of the Law on Consumer and User Protection.

PIZZOLANTE may use the addresses and other data for statistical purposes that enable it to improve its services.

• From users/third parties: PIZZOLANTE makes available to the USER e-mail addresses through various sections in its Web page.  These addresses must be used for the specific purpose set forth therein.  They may not be used, under any circumstances, to send unsolicited commercial mail, or in bulk mail.  Any commercial offer of goods and/or services must be discussed with PIZZOLANTE’s authorized staff.

PIZZOLANTE reserves the right to bring any legal actions available with regard to the illegal and/or abusive use by users or third parties of the e-mail addresses available on this Web page, in detriment of the data processing equipment (software, hardware) of PIZZOLANTE.

15. COMPUTER CRIMES

PIZZOLANTE shall use its best security efforts to maintain the integrity of its Web page, in order to comply with the provisions in the General Conditions for Use, Privacy Policies and Legal Terms.   However, given the technical complexities of the media, PIZZOLANTE is not responsible, and in this regard the USER agrees to release it from any damage that may be caused to a third party arising from the illegal or unlawful manipulation of PIZZOLANTE’s data processing systems, in detriment of the trust and/or good faith of the user public.  In this sense, PIZZOLANTE recommends its USERS to notify PIZZOLANTE through its “Contacts” address regarding any abnormality in the operation of WWW.PIZZOLANTE.COM and/or WWW.PIZZOLANTE.COM.VE.

16. PARTNERSHIPS OR ASSOCIATIONS

The USER acknowledges and agrees that opening or visiting this Web site, unless a formal contract is made, does not give rise to any type of partnership, association, joint venture, agency, mandate or any other kind of agreement with PIZZOLANTE, or its subsidiaries. Any of the abovementioned associations or alliances should be negotiated with PIZZOLANTE, and shall be evidenced by a separate document for that purpose.

17. LEGAL FRAME, OFFICIAL NOTICES and LAWS

PIZZOLANTE may make available to the USERS of its Web site legal information of a merely referential nature, not being responsible for the contents available therein that have been issued by Government Authorities or Agencies, whether national, state or municipal, Courts of Justice or Military Bodies. Such notices, both regarding their contents and liability, are the full responsibility of the entities that issue them.  The information of this kind that is available has been included for the ease of clients, without PIZZOLANTE being responsible for confirming the validity or accuracy thereof.  Any individual or legal entity that wishes to obtain the true information must inquire with the official source thereof.

18. SUPPLEMENTARY SERVICES

PIZZOLANTE may make available to the USER mechanisms and facilities located in various sections of its Web page. Such tools, as well as the information, contents and figures obtained, and the outcome of the use thereof, must always be deemed to be referential and not binding.  If the USER wishes exact and official information on the matters related to such tools, it must contact PIZZOLANTE directly for such purpose.  Furthermore, PIZZOLANTE is not liable before the USER for the use it may make of the information thus obtained or for any actions that it may exercise as a result of the personal interpretation of said information.

19. EXONERATION OF DIRECTORS

The USER declares that when it enters this Web site it shall exclude any of PIZZOLANTE’s Directors, including its President, Vice-President, Directors, Managers, employees and suppliers, from all liability, damages, including pain and suffering, loss of profit and consequential damages, general expenses, including attorneys’ fees resulting from the USER’s breach of any obligation contained in the Special Conditions for Use, Policies and Legal terms of PIZZOLANTE, and any such officer referred to above may exercise the legal rights against the USER in order to enforce this obligation.

20. GENERAL EXONERATION FROM LIABILITY

The USER of this Web page releases PIZZOLANTE from all liability, loss, expense or cost, including attorneys’ fees, arising from the breach of any laws related to this Web page and the General Conditions for Use, Policies and Legal Terms of this page.

21. NON-WAIVER OF RIGHTS

PIZZOLANTE’s failure to exercise any of its rights cannot be construed as nor will constitute a partial or full waiver of the legal actions to which it is entitled.

22. PARTIAL NULLITY

If any provision of the General Conditions for Use, Policies and/or Legal Terms of this Web page is held to be void, unenforceable or illegal by a Competent Authority, the remainder of the clauses shall remain in full force and effect.

23. NOTICES

PIZZOLANTE may validly notify the USERS of its Web page about any topic related to the services it renders, through the Home page of WWW.PIZZOLANTE.COM and/or WWW.PIZZOLANTE.COM.VE, any news or similar section therein, or through the USER’s e-mail address provided to PIZZOLANTE, at the latter’s discretion. The USER may communicate with PIZZOLANTE through the media available in this web page or any other contact address provided by PIZZOLANTE.

24. APPLICABLE LAW

The conditions of use and policies of this Web page shall be regulated and construed in all parts by the laws of the Bolivarian Republic of Venezuela.

25. LEGAL DOMICILE

For all legal purposes arising from the use of this Web page, the city of Caracas, Venezuela, has been chosen as the domicile, and therefore, the parties acknowledge to be submitted to the jurisdiction of the competent courts in this city.

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