These Terms and Conditions (these “Terms”) apply to your access to and use of the website www.pizzapirate.co operated by Pizza Pirate (hereinafter “Pizza Pirate”, “we”, “us”, or “our”). Your access to and use of our website are subject to these Terms. Please read these Terms carefully before using the website. If you choose to continue to use or access the website after having the opportunity to read these Terms, you agree to these Terms. If you do not agree to be bound by these terms, do not access, or use the website.
1. Changes to these Terms
1.1. We may make changes to these Terms at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons). We will give you as much advance notice of this as is reasonably possible (and may do so by communicating the changes to you either when you log in to the website or by sending you notice using the contact information that you have provided to us and/or by any other means we think is appropriate).
1.2. Your continued use of the website will constitute your acceptance of any new or amended terms and/or updates.
2. Copyright and ownership
2.1. All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Pizza Pirate, its licensors, vendors, agents, and/or its Content providers.
2.2. You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only.
2.3. You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.
2.4. Except as authorised under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these Terms, the use of any such material on any other mobile application, website, or online service is prohibited.
2.5. You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of Pizza Pirate or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the website.
3. Accuracy of information
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
4. Your provision of information
When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
5. Your conduct
5.1. You agree to comply with all laws, rules, and regulations applicable to your access to and use of the website. In addition, you agree not to:
5.1.1. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that is known by you to be false, inaccurate, or misleading;
5.1.2. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
5.1.3. upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;
5.1.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the website;
5.1.5. upload, post, transmit, publish, display, or otherwise make available through the website any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
5.1.6. take any action that interferes with the proper working of the website, compromises the security of the website, or otherwise damages the website or any materials or information available through the website;
5.1.7. probe, scan, or test the vulnerability of the website or any network connected to the website or bypass the authentication measures on the website or any network connected to the website;
5.1.8. use any automated means to collect information or Content from or otherwise access the website, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
5.1.9. install any software, file, or code that is not authorised by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
5.1.10. interfere with or disrupt the operation of the website or server networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website.
6. Operation of the website and termination of this agreement
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the website, or any portion of the website, or the agreement between you and us under these Terms, for any reason including but not limited to for your violation of these Terms; (ii) modify or change the website, or any portion of the website; (iii) interrupt the regular operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the website required for, inter alia, changes to the technical environment or functionalities, changes in the number of users or improvements to the services.
7. Access to the website
7.1. Neither Pizza Pirate, nor any of its respective affiliates guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.
7.2. We may suspend, withdraw, discontinue, or change all or any part of the website without notice.
8. Third Party Disclaimer
We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any Person in connection with the use of the Advertisements and Discount Codes provided pursuant to this agreement by that Person for any purpose or in any way, including the use of the Advertisements and Discount Codes for any purpose connected with the sale, purchase, or use of the Advertisements and Discount Codes, to the extent permissible by law. You use the Advertisements and Discount Codes at your own sole risk. To the fullest extent permitted by law, we disclaim all representations and warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of title, quality, performance, merchantability, suitability, fitness for a particular purpose, accuracy and non-infringement related to or arising out of the Advertisements and Discount Codes, any materials or content, or any products or services purchased or made available through the Advertisements and Discount Codes, as well as warranties implied from any alleged course of dealing or course of performance. Wacom assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Advertisements and Discount Codes.
9. Blog Disclaimer
The Pizza Pirate blog and its contents have been compiled with the greatest possible care. However, Pizza Pirate does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our blog. Liability claims against Pizza Pirate, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of Pizza Pirate. Pizza Pirate expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue the publication temporarily or permanently. All data is published conscientiously but without guarantee. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction, and translation, are reserved and require the written consent of Pizza Pirate. Unauthorised use, even of extracts, will be prosecuted.
10. Liability for links on this website
Our website contains links to other websites for whose content we are not responsible. If you notice objectionable links on our website, please contact us immediately. In the case of direct or indirect references to external Internet pages ("links"), which are outside Pizza Pirate's area of responsibility, a liability obligation would only come into force in the event that Pizza Pirate is aware of the contents, and it would be technically possible and reasonable for him to prevent use in the event of illegal contents. Pizza Pirate hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. Pizza Pirate has no influence on the current and future design, content or authorship of the linked pages. Therefore, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within Pizza Pirate's own Internet offer, as well as to external entries in discussion forums and mailing lists set up by Pizza Pirate. For illegal, incorrect, or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable, not the person who merely refers to the respective publication via links.
11. Our responsibility for loss or damage suffered by you
11.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
11.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
11.3. The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
In case of contradiction between these Terms and any content contained in other parts of the website or in links, these Terms contained in this document prevail. We reserve the right to make changes to these Terms at any time. The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of these Terms in force at the time you place the order through this website or the day you browse this website (as applicable). Please check these Terms periodically for changes.
14. Data protection
15. Sub-contracting and assignment
Pizza Pirate reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under these terms and conditions without our consent in writing.
16. Events beyond reasonable control
Pizza Pirate will be not held responsible for any delay or failure to perform or comply with our obligations under these terms and conditions when the delay or failure arises from any cause which is beyond Pizza Pirate’ reasonable control.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.
18. Applicable law and jurisdiction
These Terms shall be governed by the laws of the Netherlands and Pizza Pirate, and you agree to submit to the exclusive jurisdiction of the Courts of the Netherlands.