Terms & Conditions

1. Ownership and Operation 

This site and its related services and applications (collectively, this "Service") is being offered by a subsidiary of Lieta Gelato Pakistan, Inc. ("Lieta Gelato", “Company” or "we"). Lieta Gelato may, in its sole discretion and at any time, modify, suspend or discontinue this Service or specific portions of it.

2. General Conditions for Orders

Lieta Gelato allows all users to purchase products (hereinafter the "Products") offered on its Site. The Site allows purchases only to users that:

a) Being a natural or a legal person, legally represented, having read and accepted the section on privacy policy, have correctly filled in the registration form as per paragraph n.3;

b) Have read and accepted the General Conditions before the purchase;

Lieta Gelato shall retain the right to prevent the use of our Site to those who act in breach of these "General Conditions".

Any changes and/or new clauses shall come into force upon their posting in the "General Conditions for ecommerce" on the Site.

Should any changes occur, the applicable version of the General Conditions shall be the one posted on our site when the Client sends the purchase order summary (hereinafter "Purchase Order"). Therefore, may we suggest users to visit this section regularly, in order to verify the updated version.

Should Clients refuse to accept the changes in our General Conditions, they shall refrain from purchasing products on our portal and will be entitled to ask for cancellation of their registration.

In order to be able to purchase products on the Site it is necessary to go through an informational form filling procedure.

In order to safeguard quality and security of our ecommerce platform, we retain the right to refuse a new order or to cancel an "account" at any time, should it be involved in illicit activities.

Should you fail to provide the required informatoin and accept our General Conditions you will not be able to purchase any products on our portal.

Clients can order by filling in our order form. In either case, Clients will need a password to log in, that can be changed at any time. The registration will be confirmed via email, that we will send to the email address provided by the Client. The information collected in the order for represents "Order Credentials" and Clients will need them to provide accurate information to have their orders processed.

All Order Credentials are personal and cannot be given to third parties.

By placing orders, Clients are required to provide correct and true data and accept liability for any false or fraudulent information, and for all kinds of behaviour, which might be prosecuted. Clients also accept to keep Lieta Gelato harmless from any sanctions, compensation requests linked to and/or deriving from any breach of registration rules. They are also liable for any damage or prejudice caused to our platform performed via their Order Credentials.

Any activity performed through a set of Order Credentials shall be considered as carried out by the Client whom those Order Credentials are associated with.

All orders shall be carried out by using legally active email addresses. Any profiles created with the email address belonging to a different person, or a temporary email, an email address already in use or a non-validated email address, may not be accepted. The order procedure may not be finalised or, if finalised, the order may be cancelled with no previous notification.

The Goods for sale on the Site are manufactured in the lab of Lieta Gelato, acting in the food and beverage industry. Health and sanitation standards of the Punjab Food Authority apply.

The following information on the Goods for sale form an integral part of the sale contract between Lieta Gelato and the Client: the present General Terms and Conditions, trademark, Product name, Products variations, price, Product availability, transport modes, shipping costs, delivery methods and times, payment terms.

Product is temperature-sensitive and transportation is conducted with the product temperature requirements in consideration. After delivery has been accepted by the Client, Lieta Gelato bears no responsibility for the state of the products.

All prices on the Site are indicated in PAK Rupees (RS), unless differently specified in the Product data sheet. All prices on the Site are excluding GST, which is added separately to the bill. Shipping costs are calculated according to the delivery place location and are listed separately. Delivery times indicated correspond to a minimum and maximum estimated delivery dates.

Goods for sale on the site may have limited quantities or may be available for a limited time. Clients shall always check for availability next to each Product.

No returns will be accepted by Lieta Gelato. Customers who have any complaints can submit them to the email address lietagelato@gmail.com and they will be addressed on a case by case basis, with product exchange or replacement being provided at the sole discretion of the company.

Clients can buy one or more Products posted on the Site by clicking on the button "Add to cart". Once all the desired articles are in the cart, the Clients can buy the Products by clicking on the button "Proceed to Checkout". The following steps of the purchasing procedure will need a registration to the Site.

During the purchasing procedure Clients can add their personal data, shipping address of the goods, data for possible invoicing, selected payment method, authentication credentials for payment. After filling in the form, Clients have the chance to check and edit the data. Once data are validated, Clients can finally send the Order (hereinafter "Purchase order") by clicking on the button "Buy".The order placed by the Client will be considered as an offer to purchase, valid for the items listed in the order. The Client shall receive an "Order Confirmation" email in case of payment by credit card, or a "Order Summary" email, in case of payment by bank transfer or cash on delivery. The automatic emails will state that the order has been successfully transmitted to our systems, and do not not constitute acceptance of the offer, which will be completed only upon verification of data and availability of the products required.

All Purchase Orders are recorded on the platform and Clients can see them at any time by accessing the Site under the section named 'My Orders'. Once the Purchase Order has been sent, Clients shall receive an Order Recap in their mailbox, at the email address provided in the Registration Form. The Order Recap shall bear all the elements of our contract, such as: product specifications, its price, selected payment method, shipping costs, delivery time. Nevertheless, Clients are advised to keep the email received as proof of their purchase, by recording it on electronic media.

The payment can be made via Credit Card, JazzCash, via Bank Transfer or with Cash on Delivery.

In case of payment by credit card, the Client shall receive an "Order Confirmation" email to state that the order has been correctly transmitted and the payment has been successfully received. All payment information input by the Client in financial circuits (credit card number, security codes) is managed through a SSL (Secure Sockets Layer) Protocol connection and shall not be recorded in our systems in any way.

Regarding online payments by credit card, should Lieta Gelato fail to receive payment (via credit card or via bank transfer) within 24 hours from the date of the Purchase Order, it shall reserve the right to cancel the order.

If, due to unspecified errors in the platform or other drawbacks, the price indicated in the website is lower than the correct selling price of a product, Lieta Gelato will contact the Client to verify his/her willingness to complete the purchase at the correct price. If not, the order will be canceled and an immediate refund will be made through the payment method chosen by the Client for the first transaction. Equally, if the correct price of a product is lower than the one stated on the website, Lieta Gelato will charge the Client only for the lower price and will return the surcharge to the Client.

Lieta Gelato retains the right to reject, at its sole discretion, any purchase order coming from any user that might seem peculiar in relation to the price applied, the quantity of items purchased or frequency of performed purchases.

It is hereby agreed and stipulated that Lieta Gelato shall start all Order processing operations just upon receiving the confirmation of payment by the Client.

3. User Accounts 

If you register an account on the Service (an "Account"), you:

• must not allow any third party to access the Service using the email address you provided during the registration process ("Log-in ID") and password;
• are prohibited from using anyone else's Log-in ID and password to access the Service;
• are responsible for any use of the Service by any third party who accesses the Service using your Log-in ID and/or password;
• will notify Lieta Gelato immediately if you suspect any unauthorized use of the Service or of your Log-in ID and/or password; and
• are responsible for ensuring that any information that you provide to Lieta Gelato as part of the account registration process is accurate and is kept up to date at all times, and you will notify Lieta Gelato immediately of any changes to this information.

4. Continuing Agreement 

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the Service to keep up to date with the current terms regarding your use of the Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.

5. Ownership and Use of the Service and Site Materials 

All right, title and interest in and to this Service, including all text, designs, images, videos, graphics, Software and other content and materials on the Service (collectively, "Materials"), are owned by Lieta Gelato and its licensors. Lieta Gelato also owns or has a right to use all trademarks, service marks, logos, and trade names used on this Service (collectively, "Trademarks").

Lieta Gelato grants to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use this Service (including any Materials) and to download one copy of the Materials on any single computer or device for your own personal, non-commercial home use strictly in accordance with these Terms of Use. Lieta Gelato may in its sole discretion suspend, discontinue or terminate this license at any time for any reason.

No part of the Service may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Service or any portion thereof.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Service, as determined by Lieta Gelato in its sole discretion. 

Any modification of the Materials or use of the Materials for any other purpose is a violation of Lieta Gelato's or its licensors' copyright and other proprietary rights. The use of any such Materials on any other service or computer network without Lieta Gelato's written consent is strictly prohibited. Your use of the Trademarks in any manner other than as authorized in these Terms of Use, or as authorized in writing by Lieta Gelato, is strictly prohibited. All rights not expressly granted to you are reserved by Lieta Gelato or its licensors. 

6. Downloaded Software 

From time to time Lieta Gelato may make available as part of the Materials on this Service particular software including files, images and data relating to the software (the "Software"). You do not own the downloaded software, and Lieta Gelato does not transfer ownership of the Software to you, but merely grants you the limited rights set forth in these Terms of Use. Lieta Gelato retains full ownership of and title to the downloaded Software and all intellectual property rights in and related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded through this Service is subject to Pakistan export control laws. If you download Software from this Service, you represent and warrant to Lieta Gelato that you are not acting in violation of those laws.

7. Mobile Devices 

If permitted or available through the Service, to (a) upload content to the Service via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Service from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber, to the extent permitted under the applicable subscription) with a participating carrier or otherwise have access to a mobile communications network for which Lieta Gelato makes the Service available as well as any carrier services necessary to download content, and you must pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations of the Service. Any equipment or software causing interference will be immediately disconnected from the Service and Lieta Gelato will have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. 

8. Privacy 

For information on how Lieta Gelato uses and protects the personal information you may provide on this Service, please read the Lieta Gelato Pakistan Privacy Policy at ___________ Privacy Policy is incorporated into these Terms of Use and explains Lieta Gelato's privacy practices. By using the Service, you agree to the terms of the Privacy Policy. 

9. User Code of Conduct 

In using or accessing this Service, you agree, without limitation: 

• not to use this Service in breach of these Terms of Use; 
• not to use this Service for commercial purposes; 
• not to "spam" others or "phish" for others' personal information; 
• not to disrupt or interfere with the security of, or otherwise abuse, this Service, or any part this Service; 
• not to upload, post or otherwise transmit through or on this Service any viruses or other harmful, disruptive or destructive files; 
• not to use, frame or utilize framing techniques to enclose any part of this Service without Lieta Gelato's express prior written consent; 
• not to use meta tags or any other "hidden text" utilizing any Trademark without Lieta Gelato's express prior written consent; 
• not to "deeplink" to this Service without Lieta Gelato's express prior written consent; 
• not to create or use a false identity on this Service; 
• not to collect or store personal data about others; 
• not to attempt to obtain unauthorized access to this Service or portions of this Service that are restricted from general access; 
• not to transmit any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation; 
• not to post any copyrighted, trademarked, or other proprietary material unless you own the copyright, trademark, right of publicity and/or other applicable proprietary rights, or you have all necessary rights to do so and to grant the Licensed Parties (as defined below) the rights set forth in these Terms of Use; 
• not to use the features of this Service at any web site other than a merchant, retail or social networking web site as permitted under these Terms of Use. Such restricted web sites shall include, without limitation, blogs and other online publications; and 
• not to use this Service in breach of any Third Party Site's (as defined below) terms and conditions. 

In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of Lieta Gelato.

You agree to immediately notify Lieta Gelato if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify Lieta Gelato, or we otherwise suspect such activity, you agree to cooperate with Lieta Gelato in any investigation and to use any prevention measures we prescribe.

10. User Submissions 

Certain portions of the Service may permit you to submit post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.

In connection with User Submissions, you agree that you will not submit User Submissions that:

• include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein; 
• include any material that by itself, or by its use as permitted in these Terms of Use, infringes upon, misappropriates or violates the rights of any person or entity or any Applicable Laws; 
• are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; 
• contain advertisements or solicitations of any funds, goods or services;
• is a communication by a user impersonating another user; 
• contains personal information, such as messages which identify telephone numbers, social security numbers, account numbers or addresses; or 
• could be considered bulk unsolicited communications. 

By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to Lieta Gelato through this Service, whether solicited or unsolicited, you agree that you are granting Lieta Gelato, its third-party service providers who provide the Service, and retail partners (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated. 

No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties. 

By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission. 

You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.

Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. Lieta Gelato also reserve the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that Lieta Gelato does not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions. 

If you are aware of any User Submissions on this Service which violate these Terms of Use, please contact us by emailing lietagelato@gmail.com or visiting ________ and filling out and submitting the form provided therein. Please provide as much detail as possible, including a copy of the underlying material, the location where Lieta Gelato may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; Lieta Gelato will only remove User Submissions if Lieta Gelato believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section below entitled "Copyright Agent." In no event does Lieta Gelato assume any liability for failing to either monitor or remove specific User Submissions.

Lieta Gelato will fully cooperate with any law enforcement authorities or court order requesting or directing Lieta Gelato to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. Lieta Gelato may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Lieta Gelato, its customers or the public. 

11. Voting/Rating Features 

For any voting/rating features that are available on this Service, you must follow instructions on this Service to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Lieta Gelato assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Lieta Gelato may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. Lieta Gelato reserves the right, in its sole discretion, to disqualify any individual it finds to be violating these Terms of Use, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Lieta Gelato's decisions with respect to all aspects of any voting/rating element are final and binding, including, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature. 

12. Contests/Sweepstakes 

Any sweepstakes, contests, games and/or promotional offers accessible on this Service are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contest or participating in such games or promotional offers available on this Service, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms of Use, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern for that program, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Service (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Service, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

13. Geographic Scope of Site 

Lieta Gelato controls and operates this Service from within the Pakistan of America. Unless otherwise specified on or by this Service, this Service is intended to promote only those Lieta Gelato products that are sold by Lieta Gelato in the Pakistan and its territories and possessions, and Lieta Gelato makes no representation that materials in this Service or the products described thereby are appropriate or available for use in other locations. All visitors to this Service are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Service.

14. Links to Other Sites 

For your convenience and enjoyment, this Service may provide links to other third party web sites on the World Wide Web that are not operated by Lieta Gelato ("Third Party Site"). Lieta Gelato has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites. Lieta Gelato may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Lieta Gelato to, or an endorsement by Lieta Gelato of, the linked Third Party Site or any products or services, or other materials on or available from such Third Party Site. Lieta Gelato is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Lieta Gelato is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such Third Party Sites.

If you determine to share any information about any Lieta Gelato products through a social network platform, including through links provided by Lieta Gelato through the Service, you may be able to post such information directly to your profile at the social networking platform without leaving the Service. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it may appear that the data is collected by Lieta Gelato, the data is in fact collected directly by the social networking platform and/or a third-party service provider. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. 

15. CONTENTS OF THIS SERVICE - DISCLAIMER 

THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED "AS IS" AND "AS-AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIETA GELATO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LIETA GELATO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. LIETA GELATO UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. 

IN ADDITION, YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU WILL BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY USERS. LIETA GELATO IS NOT IN ANY MANNER RESPONSIBLE FOR THE USER SUBMISSIONS, AND LIETA GELATO DOES NOT GUARANTEE THE ACCURACY, INTEGRITY, QUALITY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER SUBMISSIONS. IN ADDITION, LIETA GELATO CANNOT ASSURE THAT HARMFUL, INACCURATE, DECEPTIVE, OFFENSIVE, THREATENING, DEFAMATORY, UNLAWFUL OR OTHERWISE OBJECTIONABLE USER SUBMISSIONS WILL NOT APPEAR ON THIS SERVICE. YOU ACKNOWLEDGE THAT BY PROVIDING YOU WITH THE ABILITY TO ACCESS AND VIEW USER SUBMISSIONS ON THIS SERVICE, LIETA GELATO IS MERELY ACTING AS A PASSIVE CONDUIT FOR SUCH DISTRIBUTION AND IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY RELATING TO ANY USER SUBMISSIONS OR ACTIVITIES OF USERS ON THIS SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED OR INCLUDED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF LIETA GELATO OR ITS AFFILIATED OR RELATED ENTITIES OR SERVICE PROVIDERS.

16. OPERATION OF THIS SERVICE - DISCLAIMER 

LIETA GELATO ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, LIETA GELATO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LIETA GELATO MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT LIETA GELATO) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.

17. LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES SHALL LIETA GELATO, ITS PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "LIETA GELATO PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SERVICE. THE LIETA GELATO PARTIES SHALL NOT BE LIABLE EVEN IF LIETA GELATO OR A LIETA GELATO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

18. Limitations as to Paragraphs 14, 15 and 16 

Applicable Laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Lieta Gelato Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Service.

19. Indemnification 

You hereby agree to defend, indemnify and hold the Lieta Gelato Parties harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney's fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of this Service, your User Submissions, your breach or alleged breach of these Terms of Use, including any of your warranties, representations or agreements hereunder, your violation of Applicable Laws, or your violation of any rights of another person or entity. 

21. Applicable Law; Jurisdiction 

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws in effect in the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the New York state or federal courts, as applicable, located in New York County, and Lieta Gelato and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. Lieta Gelato and you also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use. 

22. Severability 

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

23. No Waiver 

No failure on the part of Lieta Gelato to enforce any part of these Terms of Use shall constitute a waiver of any of Lieta Gelato's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Lieta Gelato nor the reliance of any person on Lieta Gelato's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Lieta Gelato shall have any legal effect whatsoever. 

24. Agreement to Be Bound; Termination 

Your access to and use of this Service constitutes your agreement with Lieta Gelato to be bound by, and to act in accordance with, these Terms of Use. From time to time, Lieta Gelato may make available as part of this Service or through another platform, specific features that may require you to download content, software and/or agree to additional terms and conditions, policies and disclaimers. Unless otherwise expressly set forth in such additional terms and conditions, any additional terms or conditions are incorporated by reference into these Terms of Use. If there is a conflict between these Terms of Use and any additional terms and conditions, the additional terms and conditions will control with respect to the specific feature. 

You may terminate your use of this Service at any time. Lieta Gelato may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by Lieta Gelato in its sole discretion, or (ii) for any other reason in Lieta Gelato's sole discretion. Lieta Gelato may notify you of any such suspension, discontinuance or termination by posting a notice on this Service, on any webpage opened when using this Service, by email to an email address you provided to Lieta Gelato upon enrollment or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined below) downloaded from this Service and promptly destroy all Materials (as defined below) obtained through this Service, as well as any copies of such Materials. You agree that Lieta Gelato shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Service. 

25. No Legal Effect 

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. To return to the site you were visiting, press the back button on your browser.