Last Updated: November 9, 2011
(a) Although the primary purpose of the Website is to provide useful and accurate information about the various shopping, community and lifestyle centers owned, operated and/or managed by Simon (collectively, the “Simon Malls”), 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 Simon 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. Simon 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 Simon nor is it an assurance of legality, quality or safety by Simon. 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. Excluding Simon Giftcards, any goods or services purchased by you are purchased directly from the applicable merchant and, as between Simon and the merchant, the merchant is solely responsible to you for every aspect of such purchase.
(a)Authorization of Use and General Prohibited Uses.
(ii) You acknowledge and agree that Simon 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 Simon’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.
(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 and Agent for Notice
If you believe in good faith that any material on the Website infringes your copyright, you (or your agent) may send Simon’s Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") a written notice requesting that Simon remove or block access to the infringing material. Your notice to Simon 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 Simon 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 Simon 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 Simon a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent:
Simon Property Group
Digital Marketing Group
10th Floor 225 West Washington Street Indianapolis, IN 46204
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 Simon 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.
(b) Links to third party websites contained in the Website are provided solely as a convenience to you and not as an endorsement by Simon of the content on such third party websites. Simon has no control over such third party websites, does not endorse such third party websites and assumes no responsibility for any content or materials on, or available from, such websites. Your rights and obligations with respect to any such third party websites are set forth therein.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SIMON, ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SIMON OR ANY THIRD PARTY CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.