使用条款
These Terms of Use ("Terms") apply to your use of the Taubman Centers, Inc. websites (hereinafter referred to as "Website") at which these Terms are located. By accessing, using or posting anything to this Website, you agree to use the Website in accordance with all applicable laws and regulations and in accordance with the Terms outlined herein. These Terms may be updated from time to time without notice to you, and you further agree to be bound by the version of the Terms that are in effect each time you visit the Website. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER.
As used herein, the terms "Taubman," "Taubman Centers," "company," "we," "our," and "us" refer to Taubman Centers, Inc. or one or more of a number of separate affiliated entities. Business is actually conducted by an affiliated entity rather than Taubman Centers, Inc. itself.
License and Website Access
Taubman Centers, Inc.
grants you a limited, non-exclusive and revocable license to use the
Website in accordance with these Terms. The content of the Website that
is posted by us, including, but not limited to, any text and images
contained herein and their selection and arrangement, is owned by us or
our content providers. You may download material from the Website that
is posted by us for your personal use; however, you may not copy,
reproduce, retransmit, distribute, publish, commercially exploit or
otherwise transfer any copyrighted material contained on the Website.
You acknowledge that we or our third party content providers retain
ownership of the posted materials and that you are not acquiring any
ownership rights by downloading copyrighted materials.
Notwithstanding the foregoing, we reserve the right in accordance with any applicable laws, to refuse access to anyone at any time in our sole discretion and without notice to you for any reason, or for no reason.
Your Representations and Warranties
You represent
and warrant that you possess the legal right and ability to agree to
these Terms and that all information that you submit to this Website is
true, accurate and current. You agree that you will not: (i) collect
users' information, or otherwise access Website, using automated worms,
viruses or other malicious codes; or (ii) transmit worms, viruses or
other malicious codes. You affirm that you are over the age of 13, as
the Website is not intended for children under 13. If you are under 13
years of age, then you may not use the Website. On certain areas of
this Website you may be able to submit texts, files, images, photos,
videos, sounds, musical works, works of authorship, text postings, and
other materials and content ("User Content"). Your posting of User
Content is subject to these Terms as well as any additional terms posted
for a specific feature. Taubman may delete any User Content that in
the sole judgment of Taubman violates these Terms. You agree that in
using the Website, including the interactive features therein, you will
adhere to the following:
- You agree not to post any content that is unlawful, harmful,
tortuous, defamatory, libelous, obscene, invasive of the privacy of
another person, threatening, harassing, abusive, hateful, racist,
infringing, pornographic, violent or otherwise objectionable or
inappropriate as determined by Taubman, or other material which could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, promote the excessive or
irresponsible consumption of alcohol, or otherwise violate any law or
regulation.
- You agree not to post any content that contains personal information
about any individual, violates the privacy/publicity of any other
individual or entity, or anything that you are under a contractual
obligation to keep private or confidential. You agree that you will not
impersonate any person or organization, including without limitation,
the personnel of Taubman.
- You agree not misrepresent an affiliation with another person or
organization, nor will you post any content that contains slanderous or
libelous comments about others, or that infringes any copyright,
trademark, patent, trade secret or other intellectual property right of a
third party.
- You agree not to post any content that contains business
solicitation of any type, includingadvertising a product or service,
offering a product or service for sale, or directing readers to a
location for more information about a product or service.
- You agree not to post any software to the Website, nor will you post
links or files that do not comply with these Terms, and you will not
post any content that contains viruses, corrupted files, or any other
similar software or programs that may adversely affect the operation of
the Website, or feature of the Website.
- You agree not to modify in any way any specifications, technology or application codes provided to you by Taubman or as embedded in the User Content unless expressly authorized in writing by Taubman.
You agree not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
By posting information on or through the Website you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Taubman, its affiliates and third-party providers of any of information that you may provide on the Website.
By placing any content on the Website that contains images, photographs, graphics or pictures ("Images"), you represent and warrant that: (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Website; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
No Ownership/Account Cancellation
You understand
and agree that you have no ownership rights in your account or other
access to the Website or features therein. Taubman may cancel your
account and delete all User Content associated with your account, or may
delete any specific User Content, at any time and without notice, if
Taubman determines in its sole discretion that you have violated these
Terms, the law, or for any other reason. Taubman assumes no liability
for any information removed from our Website, and reserves the right to
permanently restrict access to the Website or a user account. Further,
we reserve the right to suspend or revoke your right to use the Website,
to remove any material from the Website, and to terminate the Website
at any time in our sole discretion and without notice to you for any
reason, or for no reason. In the event of such termination, Terms of
Use shall terminate, but the following provisions will still apply:
Your Representations and Warranties, Intellectual Property and
Trademarks, Indemnification, Limitation of Liability and Applicable Law.
Intellectual Property and Trademarks
All content
on this Website, including but not limited to, text, graphics, logos,
icons, images, headers, illustrations, audio clips, digital, downloads,
data compilations, video clips and software is owned or licensed by us
or our content providers, and is protected by United States and
international copyright laws. In addition, all trademarks and
intellectual property are also the property of Taubman or its content
suppliers and any use, misuse or copying of any trademarks or
intellectual property is prohibited without our express authorization.
Except as expressly authorized in writing by Taubman or its Website content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.
Limitation of Liability and Warranty
YOU AGREE
THAT USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THIS
WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TAUBMAN
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, LINKS
TO OTHER WEBSITES, OR ANY OTHER MATERIAL INCLUDED ON THE WEBSITE OR THE
ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
WHILE WE PROHIBIT CERTAIN CONDUCT AND CONTENT ON THE WEBSITE DESCRIBED HEREIN, YOU UNDERSTAND THAT WE CANNOT BE RESPONSIBLE FOR THE CONTENT DISEMMINATED VIA THE WEBSITE AND YOU NONETHELESS MAY BE EXPOSED TO CERTAIN CONTENT. THEREFORE, YOU USE THE WEBSITE AT YOUR OWN RISK.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 1) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: 2) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE WEBSITE; AND 3) ANY WARRANTIES OF TITLE.
WE DO NOT WARRANT THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Information Provided by You is Not Confidential or Proprietary
Any
information uploaded by you to the Website or provided to us, including
but not limited to photos, names, links, data, questions, comments,
suggestions, or the like, shall be deemed to be non-confidential; we
shall have no obligation of any kind with respect to such information
and shall be free to reproduce, use, disclose, and distribute the
information to others without limitation. We shall be free to use any
ideas, concepts, know-how, or techniques contained in such information
for any purpose whatsoever, including but not limited to developing,
manufacturing, and marketing products incorporating such information.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Notices of Infringement
We or our designees will
investigate notices of infringement of third parties' rights, and will
take appropriate actions, including for copyright infringement, those
provided for under the Digital Millennium Copyright Act, Title 17,
United States Code, Section 512(c)(2) ("DMCA"). If you are a rights
owner and become aware of an infringement of one of your works or
intellectual property, submit a complaint to:
Taubman Centers, Inc.
Attention: Legal Department
200 East Long Lake
Bloomfield Hills, Michigan 48303
EMAIL: WEBREPORTING@TAUBMAN.COM
Include in your notice the following:
- A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number, and
if available, an electronic mail address at which the complaining party
may be contacted.
- A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Indemnification
You agree to indemnify, defend
and hold us harmless, as well as each partner and member thereof, its
subsidiaries and other affiliated companies, its officers, directors and
employees from all liabilities, claims and expenses, including
reasonable attorney fees that arise from your use or misuse of this
Website, including any violation by you of these Terms.
Applicable Law
This Website is hosted in the
United States, with servers in the U.S. and is intended only for United
States visitors. If you are visiting this Website from another
jurisdiction, you understand that your use is at your own risk, and that
data you submit is subject to the terms of this Website's PRIVACY POLICY.
All users understand that the laws of the State of Michigan will
govern these Terms, without regard to Conflict of Laws Rules or
Principles, and any dispute that might arise between you and us. You
agree to the personal and exclusive jurisdiction of the courts located
in the County of Oakland, Michigan and the Federal Court located in
Detroit, Michigan.
Third Party Links
Although this site may be
linked to other sites, Taubman is not, directly or indirectly, implying
any approval, authorization, association, sponsorship, endorsement, or
affiliation by us with respect to the linked site, its owners or its
providers, unless specifically stated therein. We provide these links
only as a convenience to you. By entering this Website you acknowledge
and agree that Taubman has not reviewed or tested any information,
software or products found on these websites and therefore cannot make
any representations whatsoever with respect thereto. There are risks in
using any information, software, or products found on the Internet; and
we caution you to make sure that you completely understand these risks
before retrieving, using, relying upon, or purchasing anything via the
Internet. Your linking to any other off-site pages or other sites is at
your own risk.
Severability
This agreement constitutes the
entire agreement between you and us with respect to this Website and
supercedes all prior or contemporaneous communications, whether oral,
written or electronic, between you and Taubman Centers, Inc. Should any
of these Terms of Use conditions be held invalid or unenforceable, the
remaining portions of this Agreement shall remain in full force and
effect.
Miscellaneous
Both you and Taubman acknowledge
and agree that no partnership is formed and neither of you nor Taubman
has the power or the authority to obligate or bind the other. The
failure of Taubman to comply with these Terms because of an act of God,
war, fire, riot, terrorism, earthquake, actions of federal, state or
local governmental authorities or for any other reason beyond the
reasonable control of Taubman, shall not be deemed a breach of these
Terms. If Taubman fails to act with respect to your breach or anyone
else's breach on any occasion, Taubman is not waiving its right to act
with respect to future or similar breaches. If any provision of these
Terms shall 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.