Welcome to our website located at www.mariomancuso.org (the “Site”). Please carefully read the following terms of use (“Terms of Use”), including our Privacy Policy, which is incorporated herein by reference, before you start using the Site, as this is a binding agreement. By entering or using the Site, whether as a guest or registered user, you accept and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, do not access or use this Site.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully competent to use the Site and to enter into and comply with these Terms of Use. In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children who are under 13 years of age. Use of the Site by anyone under 13 years of age is not authorized.
The Site is owned by Ready Mix Media, LLC. As used in these Terms of Use, the terms “we,” “us,” and “our” refer to Ready Mix Media, LLC. We may revise and update these Terms of Use without notice from time to time in our sole discretion and all changes are effective immediately once posted on the Site. You are responsible for regularly reviewing these Terms of Use. Your use of this Site or any of its Content after any changes have been made will constitute your agreement to the modified terms of use.
1. Use of Site Content
The Site and all of its content, including any video material, audio material, text, images, graphics, and other content available on the Site (collectively, the “Content”) are protected by copyright, trademark, and other laws. We or others own the copyright and other rights in the Site and the Content. All rights in the Site and the Content that are not expressly granted herein are reserved by Ready Mix Media, LLC or the applicable owner of the Content. You may use the Site and the Content only in accordance with these Terms of Use. Any use of the Site not expressly permitted by these Terms of Use is a breach thereof and may violate copyright, trademark and other laws. No right, title or interest in the Site or any Content is conveyed to you. Except as specifically permitted by these Terms of Use, you may not copy, publish, modify, transmit, reproduce, distribute, display, perform, create derivative works from, sell, license, or otherwise make available or exploit in any form or by any means any part of the Content without the prior written permission of Ready Mix Media, LLC and, if applicable, the relevant Content Owner. You may not delete or alter any copyright, trademark or other intellectual property or proprietary rights notice that appears on the Site.
The trademarks, service marks, internet domain names, trade dress, and trade names, including logos, product and services names, designs and slogans (collectively, “Trademarks”) displayed on the Site are the property of their respective owners. The unauthorized use of any Trademark displayed on the Site is strictly prohibited and no license to any Trademark is granted to you under these Terms of Use.
2. Intellectual Property Complaints
We respect the intellectual property rights of others. If you believe your copyright, trademark or other intellectual property right has been violated on the Site, please notify us by writing to admin@mariomancuso.org.
3. Access to the Site
To access some of the resources on the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use.
To the extent that your access to, and use of, any section of the Site or Content is subject to an agreement with a third-party, the terms of such agreement shall govern with respect to the liability of such third party and these Terms of Use shall govern with respect to our liability, and the liability of our other affiliates and service providers.
4. Rules of Conduct
These Terms of Use permit you to use the Site and the Content for your personal use only, unless you are using the Site on behalf of a business that accepts these Terms of Use.
Use of Content from the Site for any purposes other than non-commercial purposes is strictly prohibited. You agree not to use the Site for prohibited activities, including: (1) activities that are fraudulent or violate any laws (including laws regarding the export of data or software to and from the United States or other countries); (2) use that inaccurately implies endorsement, approval, or sponsorship by Ready Mix Media, LLC (or any individual officer, employee or affiliate of Ready Mix Media, LLC); (3) use that can be confused with official communications of Ready Mix Media, LLC or impersonates any person or entity; (4) distribution of print or electronic mass mailings (“spamming”), solicitations for commercial services, or cold-calling; and (5) knowingly sending, receiving, uploading, downloading, or using, any User Content that does not comply with these Terms of Use.
Additionally, you agree not to:
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s or entity’s use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site or to unlawfully intercept any data or personal information;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
Except by submitting User Content as explained below, in no event may you alter or modify the Site or any Content, including by adding any advertisement or other material or by interfering with the viewing of any Content.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: admin@mariomancuso.org.
5. User Submissions
Users may be able to submit content or materials on or through the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us, our affiliates and service providers, and each of our and their respective licensees, successors and assigns, a non-exclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works based upon, distribute, display, perform, and otherwise disclose or make available, your User Content in connection with the Site, including for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and in connection with other Ready Mix Media, LLC materials, and to authorize others to do the foregoing. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By posting or submitting User Content to the Site, you represent and warrant that: (1) you have the right to grant the foregoing rights; (2) neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights; and (3) all of your User Content complies with these Terms of Use.
You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:
- infringes anyone’s copyright, patent, trademark, proprietary rights, or other legal rights (including rights of privacy or publicity);
- violates, or promotes the violation of, any applicable law or regulation or otherwise conflicts with these Terms of Use;
- is intentionally false or misleading;
- defames, threatens, or harasses anyone;
- is harmful, dangerous, abusive, violent, hateful, inflammatory or otherwise offensive or objectionable;
- is obscene or contains pornography;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information;
- contains or consists of advertising or any form of commercial solicitation or activity; or
- otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site or which may expose us, or our affiliates or service providers, to liability.
Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to: (a) edit the Site and edit or remove any User Content that we believe, or determine, in our sole discretion (i) violates the above standards or any other provision of these Terms of Use, or (ii) could create liability for us, or our affiliates or service providers; (b) terminate or suspend the applicable user account’s right to use the Site; and (c) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site, in addition to any other rights or remedies available to us. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS READY MIX MEDIA, LLC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
7. Links to other Sites and Services
This Site may contain links to, or video or other content embedded from, other websites and services. We are not responsible for such links or content or any website that links to this Site. Your linking to any off-site pages, embedded materials, or other websites is at your own risk. Accordingly, we cannot be held responsible for the information, materials, products or services obtained on, from or through, such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Ready Mix Media, LLC with respect to any such linked websites, the operators of such websites, or the content, products or services contained or accessible through such websites.
8. Changes to Site
We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. We may terminate or suspend your access to the Site, with or without cause, and without notice at any time and for any or no reason, and we shall have no liability with respect to such termination.
9. Disclaimer of Warranties
THIS WEBSITE AND ALL ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” READY MIX MEDIA, LLC MAKES NO WARRANTIES THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. READY MIX MEDIA, LLC DISCLAIMS ANY AND ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, REGARDING THE SITE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. NO WARRANTIES REGARDING THE SITE SHALL ARISE THROUGH COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT APPROVE OR ENDORSE ANY CONTENT PROVIDED BY USERS OR OTHERS.
WE ARE NOT LIABLE TO USERS OF THE SITE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THIS SITE OR ITS CONTENT, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
10. Limitation of Liability
IN NO EVENT WILL READY MIX MEDIA, LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING TO USE OF THIS SITE, THE CONTENT, OR ANY OTHER HYPERLINKED WEBSITES INCLUDING LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY TORTS) AND ANY OTHER CAUSE OF ACTION EVEN IF READY MIX MEDIA, LLC IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IN THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IDENTIFIED BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
11. Exclusive Remedy
IF YOU ARE DISSATISFIED WITH THE SITE, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST READY MIX MEDIA, LLC WITH RESPECT TO THIS AGREEMENT, THE SITE OR THE CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
12. Indemnification
You agree to indemnify and hold Ready Mix Media, LLC its affiliates, and our and their service providers, employees, agents, officers, and directors harmless from any loss, including attorney’s fees, arising out of or in connection with any claim, demand, action, or liability made by any third party related to or arising out of: (1) information or material you submit, post, transmit, or otherwise make available through the Site; (2) your use of the Site; (3) your connection to the Site; and (4) any violation of these Terms of Use.
13. Governing Law; Jurisdiction
These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, shall be governed by the laws of the State of New York, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in New York, New York. You hereby irrevocably consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
14. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Waiver and Severability
No waiver by Ready Mix Media, LLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ready Mix Media, LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
16. General
Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. As used in these Terms of Use, the word “including” (as well as “include” and “includes”) is not limiting and means “including without limitation.” The term “sole discretion” with respect to any determination to be made by a party under these Terms of Use, means the sole and absolute discretion of that party, without regard to any standard of reasonableness or other standard by which the determination of that party might be challenged. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any rights or benefits to any third party. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
17. Contacting this Site
If you have any feedback, comments, or other communications relating to this Site you can contact admin@mariomancuso.org.
Last Modified: 08/11/2015