YOUR RIGHTS & RESPONSIBILITIES.
NEED TO KNOW
Last Updated: September 5, 2013
By registering to become a participant in the Program and/or using the Program, you are hereby granting Simon the right to edit, publish and otherwise distribute all content provided by you in connection with the Program (including, without limitation, offers, news and event items and all copy and imagery provided as part of such content) (collectively, the "Content") by means of various Simon-branded distribution channels and media, whether now known or hereafter developed, including, without limitation, Simon.com, e-mails, social media channels, social apps, native mobile apps, mobile messaging (SMS and/or MMS), mobile web, digital out-of-home video screens, and in-mall (“Simon Distribution Network”). You are also granting Simon the right to publish and otherwise distribute the Content to third parties with whom Simon has agreements to provide content similar to the Content (including, without limitation, Elevate Digital, GSM Worldwide, AdSpace Networks and RMG Networks), for publication and/or other distribution by such third parties by means of various distribution channels and media, whether now known or hereafter developed.
THE PROGRAM IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. SIMON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SIMON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES.
Then Get Our Can't Miss Style Reports, Retailer
Offers and Event News Before Everyone Else.