TERMS AND CONDITIONS

Effective May 30th, 2013; Last Modified June 1, 2023

Acknowledgment and Acceptance of Terms of Use.

This website at WWW.MAREARESTAURANT.COM (the “Site”) is operated by Altamarea Intellectual Property, LLC and its affiliates (the “Company,” “we” or “us”). Access and use of the Site is available only on the terms and conditions described in these terms of use (“Terms of Use”). BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. PLEASE REVIEW THE TERMS OF USE CAREFULLY. By using the Site, you also represent that you are of legal age to form a binding agreement under the applicable laws of the United States or other jurisdictions.  If you do not agree to be bound by these Terms of Use, you should not use the Site.

Changes to the Terms of Use. The Terms of Use for this Site may be revised at any time by us, at our sole discretion, without any specific notice to you. The latest and most current version of the Terms of Use will be posted on this Site. Your continued use of the Site signifies your acceptance of the then in effect Terms of Use.

Intellectual Property Rights. All content on the Site, including but not limited to, visual interface, interactive features, organization, graphics, designs, videos, compilation, magnetic translation, transmissions, digital conversion and other materials appearing on the Site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”) which are owned by the Company, its licensors, clients, affiliates or other third parties. The Intellectual Property is protected by state and federal laws, and international conventions.

Limited License. You are granted a limited license to access and view the Site and use the Intellectual Property solely for your own personal, non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of the Intellectual Property may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes of sharing information about us. You do not acquire ownership or proprietary rights to any content, Intellectual Property, content, document or other materials viewed through the Site. All rights in the Intellectual Property are reserved to the Company or its licensors, clients, affiliates and other owners of such Intellectual Property.

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules or security components. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

“ALTAMAREA GROUP,” “AMG,” “ALTAMAREA,” “MAREA,” “COSTATA” “NICOLETTA,” “OSTERIA MORINI,” and “AI FIORI,” are trademarks and service marks of the Company or its affiliates. Other company names, as well as names of products and services, appearing on the Site may be trademarks of their respective owners.

Policy Concerning Children. Our Site is not intended for use by children under the age of 13.

Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site.

We reserve the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Site as necessary to satisfy any applicable law, regulation, legal process or governmental request.

No Warranties or Representations by the Company.  Each user assumes the responsibility for the use of any materials or information provided on or from this Site. The Company does not represent, guarantee or verify the truthfulness, accuracy, reliability or copyright status of information, content or materials presented on the Site.

Unsolicited Submissions. The Company does not accept or consider creative ideas, suggestions or materials. We ask that you do not submit or send such materials to us. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Information”) to us, except as part of any application for employment, despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all “moral rights” in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.

DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF THE SITE OR OF THE THIRD PARTY SITES.

ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.

WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT COMPANY AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH WERE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.  You agree to indemnify and hold harmless the Company Parties and the Company’s independent contractors and partners, and their respective officers, directors, members, shareholders, employees, representatives and agents, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of the Terms of Use, your violation of the rights of any third party, or arising out of or relating to any Information submitted by you.

Privacy. We are very sensitive to your privacy. Please review our PRIVACY POLICY for information and disclosures relating to the collection and use of your personal information and data in connection with your use of the Site. In the event that the Company is transferred, assigned, merged with or sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume the Company’s obligations as to the Terms of Use and the Privacy Policy.

Links to Other Sites.  The Site may contain links to other websites (“Third Party Sites”). We are not responsible for the content, accuracy or opinions expressed in such Third Party Sites, and such Third Party Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site on our Site does not imply approval or endorsement of the linked site by us. If you leave our Site and access these Third Party Sites, you do so at your own risk.

Miscellaneous.  The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State and County of New York and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to disclaimers, limitations and exclusions set forth above. If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in the Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Use, including the Privacy Policy referenced herein, constitute your entire agreement with the Company. The Company reserves the right to make changes to the Site, these Terms of Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor the right to enforce such provision.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email, if we have an email address for you. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at [email protected].  If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

You agree that these Terms of Use and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Contact Us.  If you have questions or comments about these Terms of Use, please contact us at [email protected] or at:

Altamarea Intellectual Property, LLC
c/o Altamarea Group, LLC
244 Madison Ave, #3830
New York, NY 10016

Copyright © 2013 Altamarea Intellectual Property, LLC. All rights reserved.

 

PRIVACY POLICY

Effective: May 30th, 2013

Altamarea Intellectual Property, LLC and its affiliates, including without limitation, Altamarea Group, LLC (the “Company,” “we” or “us”) are concerned about your privacy. This privacy policy (“Privacy Policy”) explains Company’s policies and procedures regarding the collection, use and disclosure of personal information and data we receive from users of the website we own and operate, namely WWW.MAREARESTAURANT.COM (the “Site”). This Privacy Policy applies only to information collected through the Site.

By visiting this Site, you are accepting the policies and practices described in this Privacy Policy, as such Privacy Policy may be amended from time to time. Each time you visit the Site, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Privacy Policy. 

To be clear about the terminology we are using, when we use the phrase “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable, like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with this Personal Information. When we use the phrase “Anonymous Information” in this Privacy Policy, we mean information that is not personally identifiable, or linked to your Personal Information such as aggregated information, general demographic information and IP addresses. Anonymous Information does not enable identification of individual persons.

IF YOU ARE A USER ACCESSING THE SITE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE, WHICH IS GOVERNED BY UNITED STATES LAW, THIS PRIVACY POLICY, AND OUR TERMS OF USE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE PROCESSING OF PERSONAL INFORMATION IN YOUR COUNTRY.

Information Collected and Stored Automatically 

If you only browse through the website, visit, read pages, or download information you are permitted to download, we may automatically gather and store certain Anonymous Information about your visit. 

Information we automatically collect and store about your visit may include some or all of the following: (i) the anonymous IP address which is a number that is automatically assigned to your computer whenever you are surfing the Web; (ii) the type of browser and operating system used to access our site; (iii) the date and time you access our site; (iv) the pages you visit and (v) the address (URL) of the web site from which you linked to our site.

We may use this Anonymous Information to help us make our site more useful to visitors or to learn about the number of visitors to our site and the types of technology our visitors use. We do not track or record information about individuals and their visits. 

We use “cookies” to collect some of this Anonymous Information. A “cookie” is a small text file that is stored on a user’s computer for record-keeping purposes. The cookies never include Personal Information and visitors that we track cannot provide us with Personal Information through normal movement across the Site.

We may also use “log data” to collect some of this Anonymous Information. This log data may include information such as your computer’s internet protocol address (more commonly known as an IP address), browser type, the webpage you were visiting prior to your arrival at the Site, the pages of our Site that you visit, the time spent on those pages, access times and dates, and other statistics as well as the unique identifier for your computer, mobile phone or any other electronic device used to access the Site. We use this information to monitor and analyze use of the Site, for technical administration, to increase functionality and user-friendliness, and to better tailor the Site to the needs of our users. We do not treat log data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such log data.

If You Choose to Provide us with Personal Information 

If you choose to make an online restaurant reservation, join our mailing list, apply for or inquire about an employment opportunity, or otherwise provide us with your Personal Information in an email, we will collect and store such Personal Information and use it for the purpose which you provided it to us. For example, to make/confirm your restaurant reservation, process and evaluate your employment application, to occasionally send you information on events and offers relating to one or more of our restaurants, or to otherwise respond to you.

You may request that any Personal Information we receive from you be deleted from our database. Please review the section below on “opt-out” for further information on data deletion.

Opt-Out

When you supply us with Personal Information, from time-to-time, in our discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site and services, and/or our advertisers and partners. Unless you opt- out to receive such communications, we may, from time to time, send you marketing communications.

At any time, you can choose to no longer receive commercial or promotional emails from us by sending us an email to [email protected].  Also, in any promotional email we send, you will be given the opportunity to opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says “unsubscribe.” It may take up to 10 days for us to process an opt-out request.

Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important email communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements, administrative notices and surveys.

Please note that changing information in registration account or opting out of receiving promotional email communications will affect only future communications from us. If we already provided your information to a third party (such as an affiliate) before you changed your preferences or updated your information, you may have to change your preferences directly with that party as well.  

Information Sharing and Disclosure 

We share your Personal Information only with our affiliates, subsidiaries or joint ventures, in which case we will require them to honor this Privacy Policy so that they may provide you with special offers and updates. We DO NOT share Personal Information with unaffiliated third parties.

Partner Site

When you access a website or communicate with or use an application operated by any entity other than us, we call that website a partner site (“Partner Site”). Unless we clearly indicate otherwise at the time of collection, we do not share Personal Information with a Partner Site. Please be aware however that the Partner Site may collect information about you. By the mere virtue of your presence on the Partner Site, the Partner Site may be able to collect information about you and/or the way you interact with or use the Partner Site. Some Partner Sites may create a “co-branded” webpage or “powered by” webpage that shares our name and that of another entity (the “Co-branded Page”). There may be a specific privacy policy on any such Co-branded Page. Any Personal Information that you provide when you sign up at any Co-branded Page may be collected by, shared with, or otherwise used by our third party partner. Please see the Partner Site’s privacy policy to better understand what information is collected, how it is used and shared, and your choices regarding control.

Legal Disclaimer – Exceptions 

We reserve the right to disclose your Personal Information (however provided by you or collected by us) as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process (including but not limited to subpoenas).

 

Security and Data Retention

We are very concerned with safeguarding your Personal Information. We employ administrative, physical and electronic measures designed to protect your Personal Information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Although “guaranteed security” does not exist either on or off the internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. 

We will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose remains valid after termination of our relationship with you.

Children’s Information

The Site is not directed or intended for children under 13 years of age. We do not knowingly collect or solicit Personal Information from individuals under 13 years of age. No one under age 13 may provide any Personal Information to the Site. If you are under 13 years of age, you should not register or provide Personal Information through the Site. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us or if you believe that we might have any information from a child under age 13, please contact us via email at [email protected] so that we may delete and remove such child’s information from our systems.

We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the internet and we encourage parents to teach their children about safe internet use practices. 

Third Party Links

This Privacy Policy does not address the privacy practices of any websites that link to or from our site. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. Please consult the privacy practices of these companies before submitting any data to them. The ability to access information of third parties from the Site, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.

Business Transitions 

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy.

 

Changes in this Privacy Policy 

We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice. However, we will not use your Personal Information in a way that is materially different than the uses described in this Privacy Policy without giving you an opportunity to opt out of such differing uses. We will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 

Your California Privacy Rights

Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please email us at [email protected]

Contact Us 

If you have any questions or suggestions regarding privacy or security of our web site, please contact us at: [email protected] or at:

Altamarea Intellectual Property, LLC

c/o Altamarea Group, LLC

244 Madison Ave, #3830

New York, NY 10016

Copyright © 2013