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Terms of Use

 

Terms of Use

TERMS OF USE AGREEMENT

Welcome to the Southbridge Towers, Inc. ("SBT") website. These terms of use ("TOU") govern all use of the SBT website (the "Site"). Please read these TOU carefully as they contain important information regarding your rights and obligations. By using the Site you agree to be bound by these TOU. SBT reserves the right, in its sole discretion, to change, modify, add to, or delete from these TOU at any time by posting a revised version of these TOU on this page. Each version of these TOU will indicate at the top of this page the date they were last revised. Your use of the Site including after any revised version of these TOU is posted constitutes your acceptance of the revised version.

If you do not understand these or any future TOU or if you do not or cannot agree to these or any future TOU, do not use or access (or continue to use or access) the Site.

Part I - Users

  1. SBT may require you to register with us for access to some or all of the resources available on the Site. You will be prompted at the time you seek to access these resources if registration is required.
  2. You must provide valid and accurate registration information, and you must keep your information up to date, particularly your email address. We may refuse, suspend, or terminate your access to some or all of our Site and services if you fail to do so.
  3. You are not to share your username or password. You are responsible for any use or misuse of our Site that is undertaken by someone using your username and password (unless such person improperly obtained your username and password from us).

Part II - Site

  1. SBT maintains the Site for your personal information and education. You are permitted to use the Site for this purpose. It is strictly prohibited to use the Site or any content (including the text, images, audio and/or video) of the Site for any other purpose, including any public or commercial purpose. It is strictly prohibited to reproduce, distribute, modify, transmit, publicly display, reuse, re-post, or "frame" the Site or any content of the Site without SBT’s prior written consent. All rights not expressly granted by SBT in these TOU are reserved to SBT and/or its licensors, as applicable.
  2. Without limiting the foregoing, you agree not to use the Site, including the, to:
    1. harvest or collect email addresses or contact information of other users;
    2. use automated scripts to collect information from or otherwise interact with the Site;
    3. post, upload, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing,abusive, inflammatory, harassing, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    4. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
    5. post, upload, transmit, share, store or otherwise make available any advertising, promotional materials, bulk mail or junk mail, spam, chain letters, or any other form of solicitation;
    6. solicit personal information from anyone under 18 or solicit passwords or personally identifying from any other user; or
    7. post, upload, transmit, share, store or otherwise make available any material that contains or comprises computer code, including without limitation software viruses. We reserve the right to terminate or limit your use of all or parts of the Site following a violation or multiple violations of these TOU.
  3. You agree that under no circumstance will SBT, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with (a) any information or data posted by any users of the Site, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such information or data; or (c) any failure to correct or remove information or data.

Part III - Trademarks

  1. The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by SBT, whether currently or in the future.
  2. The look and feel of the Site, including, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of SBT and may not be copied, imitated, or used, in whole or in part, without the prior written consent of SBT. Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a metatag, keyword, or other type of programming code.
  3. All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners.
  4. You may not use any of the Trademarks to create a link to the Site without the prior written consent of SBT.

Part IV - Copyrights

  1. The content (text, images, audio, and video, as applicable) of the Site as well as the underlying programming code to create the Site is owned by us, is protected under copyright law, and may not be copied, reproduced, distributed, modified, or publicly displayed.
  2. Nothing contained herein grants or shall be construed to grant you any rights to use any of the content of the Site or its underlying programming code.
  3. SBT respects the intellectual property of others and expects its members and users to do the same. If you believe that your copyrighted work appears on the Site in a manner that constitutes copyright infringement, please notify us and provide all of the information set forth in 17 U.S.C. § 512(c)(3). We will promptly follow the take-down procedures set forth in the Copyright Act, and we will notify you of any counter-notice that we receive. Our designated agent for receipt of these notices is:

    Ezra N. Goodman, Esq.
    Norris McLaughlin & Marcus,
    875 Third Avenue,
    New York, New York 10022.

Part V - Restriction and Termination of Use

  1. SBT may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in SBT’s discretion, without cause, without prior notice, and without liability to you.

Part VI - Limitations and Disclaimers

  1. Your use of the Site, is at your own risk. It is provided "as is" and without warranty of any kind, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. None of SBT, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, and subsidiaries is or will be liable to you for any harm arising out of your access to or use of or out of your inability to access or use the Site. In addition, we will not be liable to you under any circumstances for any incidental, consequential, indirect, or punitive damages. Our maximum liability to you for any reason or cause shall be US $10.
  2. SBT makes no warranty that the Site will meet your expectations or needs, that your access to the Site will be uninterrupted or that the Site will be free from errors or defect (or that errors or defects will be corrected).
  3. The Site may contain links to third-party sites. SBT has not reviewed all of the third-parties to which the Site may be linked, and SBT is not responsible for the content of any of those sites. The presence of links from the Site should not be construed as endorsement, sponsorship, or approval of those sites. Use of those sites is at your own risk and subject to the terms of service that govern those sites.

Part VII - Indemnification

  1. You agree to indemnify, defend, and hold harmless SBT, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, and its subsidiaries, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees and costs, arising in any manner out of or in connection with your use of the Site.

Part VIII - Additional Terms

  1. These TOU constitute the entire agreement between you and SBT relating to the subject matter hereof, and they supersede any prior agreements between you and SBT relating to the same. The failure of SBT to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOU is held invalid, the remainder of the TOU shall continue in full force and effect. If any provision of these TOU shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.
  2. These TOU and the relationship between you and SBT shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOU shall be heard exclusively by the state or federal courts sitting in New York County. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
  3. These TOU are personal to you and may not be assigned, delegated, or transferred in any way. Any attempt to do so shall be void.
 
 
Southbridge Towers, Inc. 90 Beekman Street, New York, NY 10038    (212) 267-6190