Last Updated: November 19, 2014
These Terms of Use (“Terms of Use”) describe the terms and conditions under which users may access, interact with, and otherwise use the website located at www.harboursideplace.com(herein referred to as the “Website”) which is owned and operated by Harbourside Place LLC (“Harbourside”).
Please read these Terms of Use carefully. These Terms of Use also include Harbourside’s Privacy Policy which is incorporated into, and made a part of, these Terms of Use. As used herein, the words “user,” “you” and “your” mean users of the Website and the words “we” and “our” means Harbourside. These Terms of Use constitute a binding legal agreement between you and Harbourside and, by accessing and using the Website, you accept, without limitation or qualification, these Terms of Use and Privacy Policy. If you do not accept and agree to these Terms of Use and Privacy Policy, do not use the Website or any of the services provided herein. Harbourside reserves the right to modify these Terms of Use and Privacy Policy by posting new versions as well as the right to provide additional notice of significant changes. IF YOU DO NOT AGREE WITH THE TERMS OF USE AND Privacy Policy, INCLUDING CHANGES THERETO, OR ANY GUIDELINES OR RULES POSTED ON THE WEBSITE, THEN DO NOT USE THE WEBSITE.
Acceptance of Terms
Your access to and use of the Website is subject to your compliance with these Terms of Use and all applicable laws. Without limiting anything set out elsewhere in these Terms of Use, your continued use of the Website is contingent upon your checking for any updates to the Terms of Use and Privacy Policy and your agreement to be bound by any such revisions. You can view the most current version of the Terms of Use at any time by clicking on the Terms of Use link at the bottom of the Website. Your continued right to access and use the Website will terminate immediately, without any further action by Harbourside, if you breach the Terms of Use.
Content and Communications
(a) Although the primary purpose of the Website is to provide useful and accurate information about Harbourside Place, the Website may contain inaccuracies or typographical errors. To the extent that content has been provided by third parties (e.g., merchants and retailers), and includes sales, offers, coupons, giveaways, advertisements, promotions, pricing or similar information over which Harbourside has no control, you must do your own due diligence and exercise your best judgment in accessing, using and/or relying on any such third-party content. Harbourside has no responsibility for the terms of any third-party offer, sale, purchase or other transaction and the use, posting, distribution, or publication of content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by Harbourside nor is it an assurance of legality, quality or safety by Harbourside. Because prices and details of offers, promotions, specials and sales may significantly vary from the information posted on the Website, you should call or visit the applicable merchant’s website in advance to confirm. Any goods or services purchased by you are purchased directly from the applicable merchant and, as between Harbourside and the merchant, the merchant is solely responsible to you for every aspect of such purchase.
(b) Each user is solely responsible for the communications medium used by such user in community interactions. Harbourside reserves the right to expel users and prevent further access to the Website for violating these Terms of Use or applicable law. Parents and guardians are solely responsible for use of the Website by children under the age of eighteen (or the age of majority in the state in which such children reside). Minors should not use the Website without actual parental supervision.
(c) Although Harbourside is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website, or any element or component thereof, you acknowledge and agree that Harbourside has the right to monitor the Website in its sole discretion, and, notwithstanding anything to the contrary contained in the Privacy Policy, to disclose information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or other users.
(d) If Harbourside is notified of communications or content that allegedly violates these Terms of Use and/or any applicable law, rule or regulation, it may investigate the allegation and determine in its sole discretion whether to remove, or request the removal of, the content or to terminate the use of the Website by the user who posted such content, but has no liability or responsibility to users for performance or nonperformance of such activities. Without limiting anything set out elsewhere in these Terms of Use, if a user views content or receives communications allegedly inconsistent with these Terms of Use, an e-mail may be sent to [email protected] stating, in reasonable detail, the observed behavior. Following receipt of such correspondence, a decision will be made by Harbourside, in its sole discretion, regarding the appropriate action to take, if any, to address the concern set out in such email. Any action or inaction by Harbourside does not imply or impose any responsibility or liability on Harbourside for the form, intent, or accuracy of the original or any subsequent content posted by, or communications between, users of the Website.
(e) This Website uses the Instagram™ API and is not endorsed or certified by Instagram or Instagram, Inc. All Instagram™ logos and trademarks displayed on this website are property of Instagram, Inc. This website also uses the Facebook API and is not endorsed or certified by Facebook, Inc. This website also uses the Twitter API and is not endorsed or certified by Twitter, Inc.
Google+ Local™, YouTube™ and Android™ and the respective logo(s) are trademarks of Google Inc. iPhone® is a trademarks of Apple Inc., registered in the U.S. and other countries. App Store℠ and the respective logo are a service mark of Apple Inc. foursquare® and the respective logo is a registered trademark of Foursquare Labs, Inc. and Check-in™ is a trademark of Foursquare Labs, Inc. Yelp® and the respective logo is a registered trademark of Yelp, Inc. shopkick™ and the respective logo is a trademark of shopkick, Inc. Instagram™ and the respective logos are a trademark of Instagram, Inc. TripAdvisor® and the respective logos are trademarks of TripAdvisor, LLC.
Copyright and other restrictions on use of the website
(a)Authorization of Use and General Prohibited Uses.
(i) Harbourside authorizes you to view and download a single copy of content on the Website, including content provided by RSS feed, Atom feed, REST-based web service XML feed or other web feed, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in these Terms of Use, including, without limitation, the requirement that you maintain all copyright and other proprietary notices contained in the Material (as defined below). The Website shall not be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that (1) violates these Terms of Use; (2) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (3) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually-explicit or parody images or text, chain letters or pyramid schemes; or (4) violates applicable laws, rules and regulations, including without limitation, consumer protection, privacy and trade laws and regulations. You agree that you will not use any robot, spider or other automated device, process, or means to access the Website.
(ii) You acknowledge and agree that Harbourside specifically prohibits, and by your use of the Website, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Materials; any action that imposes an unreasonable or disproportionately large load on the Website infrastructure; the use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction; and/or the use of any directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You further agree that you will not (A) use any manual process to monitor or copy the Material or for any other unauthorized purpose without Harbourside’s prior express written permission; and/or (B) use the Website to intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.
(iii) You may not copy, use, download, modify, frame, publish, download, transmit, retransmit, transfer, sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, rearrange, redistribute, alter, adapt, crop, resize, move, remove, delete or in any way exploit or make commercial use of, any of the Material, in whole or in part, directly or indirectly, without the prior written consent of Harbourside and/or the owner thereof, except as expressly permitted in these Terms of Use or under applicable law. If permission is granted by Harbourside and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. The use of the Material on any other website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of Harbourside, is prohibited. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Website.
(b)Copyright; Prohibition Against Copying. The contents of the Website, such as the compilation and arrangement of text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, Atom feed, web service feed or other web feed or other content or software used in or provided through the Website (the “Material”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws.
(i) Notice for Claims of Intellectual Property Violations
If you believe in good faith that any material on the Website infringes your copyright, you (or your agent) may send Harbourside’s Agent for Notice of claims of copyright or other intellectual property infringement a written notice requesting that Harbourside remove or block access to the infringing material. Your notice to Harbourside must include the following information:
(1) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(2) identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
(3) a description of where the material that you claim is infringing is located on the Website with sufficient detail (including applicable URL if possible) that Harbourside may find it on the Website;
(4) your address, telephone number, and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
(6) information, if possible, sufficient to permit Harbourside to notify the owner/administrator of the allegedly infringing content; and
(7) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send Harbourside a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seewww.loc.gov/copyright. Notices and counter-notices should be sent to:
By e-mail:
[email protected]
PLEASE NOTE THAT, DUE TO SECURITY CONCERNS, ATTACHMENTS CANNOT BE ACCEPTED. ACCORDINGLY, ANY NOTIFICATION OF INFRINGEMENT SUBMITTED ELECTRONICALLY WITH AN ATTACHMENT WILL NOT BE RECEIVED OR PROCESSED.
(c) Trademark. The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on this Website are owned by Harbourside and others. No license or right to use any Marks contained on this Website is granted, whether by implication or otherwise, and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.
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