Terms & Conditions

IMPORTANT: READ THESE TERMS OF USE (“Terms”) AND PRIVACY POLICY (“Privacy Policy”, see link in section 9 below), BEFORE USING THE www.mangia.nyc WEBSITE (“WEBSITE”). YOUR USE OF THE WEBSITE WILL INDICATE YOUR ACCEPTANCE OF THE PRIVACY POLICY AND ALL OF THE FOLLOWING TERMS. If the Terms and the Privacy Policy are not acceptable to you, do not use this Website. Mangia Hospitality Group (“the Company”, “our”) reserves the right to modify or discontinue this Website and the Terms at any time with or without notice to users.

1. Limitations on Use: This Website is owned and operated by the Company and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services (“Materials”) obtained from the Website, except that the user may view the Website content in its present form and the user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other website or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of the Website content may subject user to civil or criminal liability.

2. The Materials and the Website are the property of the Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by the Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on the Website, the Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in the Website. Permission to use the copyrighted content of the Website for commercial purposes must be obtained through the prior written consent of the Company. The Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.

3. The Website is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (the “trademarks”) appearing on the Website are registered and unregistered trademarks of the Company. All other trademarks, logos, service marks, product names and company names on the Website are the property of their respective owners. Under no circumstances should anything appearing on the Website be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on the Website. Licenses to use trademarks appearing on the Website may be obtained through the Company prior written consent. However, the Company may withhold its consent. Misuse of trademarks or any Materials comprising the Website is strictly prohibited. By using the Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on the Website. Any copied or downloaded content must retain all trademark and service mark notices. The Company will strictly enforce its intellectual property rights under the trademark laws.

4. The Materials published on the Website may include inaccuracies or typographical errors. The Company does not warrant or make any representations regarding the use or the results of the use of the Materials in the Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.

5. The Company makes no representations or warranties about the Website or the suitability of the Materials contained on the Website for any purpose. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS-IS” BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIALS. THE COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEBSITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEBSITE OR THE MATERIALS OR ANY PORTION OF THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.

6. IN NO EVENT WILL THE COMPANY OR ITS RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

7.  You agree to defend, indemnify and hold the Company and its officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by the Company in connection with your violation of a third party’s rights) arising from or related to your use of the Website or your violation of these terms of service or any third party’s rights.

8. The Website may contain links to third-party Websites. The links are provided solely as a convenience to you and are not an endorsement by the Company of the content contained in such third-party websites. The Company does not control or guarantee the accuracy or integrity of the content located on linked third-party websites. The Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.

9. As a condition to use of the Website, you agree to the terms of our Privacy Policy. Information collected about you as you use the Website is subject to the Privacy Policy, which may be updated from time to time without notice to you and is hereby incorporated from time to time without notice to you and is hereby incorporated by reference. The most current version of the Privacy Policy is available here.

10. You acknowledge that, in providing the Materials on the Website, the Company has relied upon your agreement to be bound by the Terms and the Privacy Policy. If any provision of the Terms is invalid or unenforceable under applicable law, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect. No waiver of any term of the Terms shall be deemed a continuing waiver of such term or any other term. Your agreement to the Terms shall not be construed or deemed to create any partnership, joint venture, agency, franchise or other form of agreement or relationship than expressly set forth herein. The Terms and performance hereunder shall be governed by and interpreted in accordance with the laws of the State of New York without regard to conflicts of laws provisions, and applied to agreements entered into and completely performed in the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Terms or Privacy Policy shall be an appropriate state or federal court located in New York County, State of New York. You agree to submit to jurisdiction and venue in any state or federal court located in New York County, State of New York. The Terms and Privacy Policy constitute the entire agreement between you and the Company with respect to use of the Website (“Agreement”).

11. This agreement is only assignable by the Company.