Changes to Terms: We may update, alter, or modify these Terms without prior notice. You are responsible for reviewing these Terms periodically for changes. By continuing to use this Site after we post changes to these Terms, you agree to be bound by these Terms (as modified). Unless otherwise required by law, all changes to the Terms become effective immediately upon publication to the Site.
Down Time: We take commercially reasonable measures so that the Site is available without significant interruption, except for scheduled downtime needed to help maintain effective operation of the Site. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will we be liable to any party for any loss, cost or damage that results from any period of down time of the Site.
Trademark/Copyright Ownership: All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other content contained in this Site (individually and collectively, “Content”) are owned, controlled, or licensed by or to Spinco, Inc. The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”). You may not download, print, view, copy, republish, distribute, display, prepare derivative works, or otherwise use the Content other than as expressly permitted. Such rights to download, print, view, copy, republish, distribute, display, prepare derivate works, and otherwise use the Content are not applicable to the design, layout, or look and feel of this Site. Such elements of this Site are protected by IP Rights and may not be copied, imitated, or retransmitted without Spinco, Inc.’s prior written consent. Your use of the Content and the creation of products or materials using the Content do not create joint authorship, joint ownership or "works made for hire" with Spinco, Inc. in or regarding such Content. Except as stated above, nothing contained herein shall be construed as a right to use, license, or sub-license any intellectual property presented on this Site; any commercial use of a trademark, logo, or the Content is prohibited without express authorization. All trademarks and copyrighted material contained in the Site that are not owned by Spinco, Inc. are reserved by their respective owners. Permission to use such intellectual property should be obtained from the owner.
All Content is: Copyright © 2010 Spinco, Inc. or its licensors. All rights reserved.
Information and Privacy: We recognize the importance of protecting the privacy of our users and wish to provide efficient and relevant information to users of the Site. In order to serve our customers, we collect and analyze information provided by you when using the Site.
REMEMBER THAT CERTAIN INFORMATION THAT IS DISCLOSED BY YOU WHILE USING THE SITE WILL BE UTILIZED BY US AND DISCLOSED TO CERTAIN THIRD PARTIES IN ORDER TO FACILITATE THE SITE’S FUNCTIONALITY. YOU UNDERSTAND AND AGREE TO SUCH DISCLOSURE.
What Information is Collected
We collect and analyze information obtained from users of the Site. This information includes, but is not limited to the following:
Personally Identifiable Information
By electing to become a registered user of the Site, you may provide personally identifiable information to us. “Personally identifiable information” is information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. We collect such personally identifiable information in order to provide the Site for your use.
Aggregate or Demographic Information
We may collect and analyze aggregate data assembled from information collected via the Site. Aggregate information is collected in order to better understand the demographics and usage patterns of all users of the Site, so that we can provide the highest level of service to our customers. Such aggregate data is not generally personally identifiable or linked to a specific user.
IP Addresses and Cookies
Our servers may automatically collect certain technical information about your use of the Site. This may include collecting and logging IP addresses. We may collect IP addresses for system administration, security and statistical analysis. An IP address is a number that is assigned to a computer whenever it is communicating over the Internet. Our Internet service provider, in addition to us, may log these IP addresses and analyze them to understand where requests originate. In addition, we may use a feature of your web browser called a “cookie” to assign an identification number that automatically identifies your computer when you visit the Site. In connection with the Site, cookies may be used to store your username, password and viewing options, allowing you to log into the Site more conveniently. Such analysis enables us to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling us to enhance its users’ online experience.
What Organization Is Collecting the Information
We own and operate the Site and are the company that collects the personally identifiable information. Our contact information is as follows:
Address: The Howard Hughes Corporaation
13355 Noel Rd, Suite 950
Comments, suggestions or materials sent or transmitted to us shall be deemed to be non-confidential and not subject to any restrictions. We shall have no obligation of any kind with respect to such comments, suggestions or materials and shall be free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.
How the Information Is Used and Disclosed to Third Parties
We may use your personally identifiable information when performing certain aspects of the Site’s functionality. As a consequence, we may disclose personally identifiable information as a necessary component of providing the Site’s functionality and associated administrative functions. In some cases, we use your personally identifiable information to provide information to you or to personalize the Site.
We may use your personally identifiable information on an aggregated basis to do such things as operate the Site and offer enhanced services.
Disclosure to Third Parties
On occasion, we may provide aggregated or demographic information to third parties. In certain circumstances, we may share your personally identifiable information with third parties who provide services to us in order to enable the Site’s functionality or to enhance the functionality available to you on the Site.
Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of our assets, or our affiliated entities, you agree that we can accordingly assign, sell, license or transfer any information, including personally identifiable information, that you have provided to us to those third parties directly involved in the transfer or disposition of such assets.
Privacy Protections for Children
No part of the Site is designed or directed to children. To be eligible to register for or log in to the Site you must be at least eighteen (18) years of age. Therefore, we do not knowingly collect personally identifiable information from any minor and thus are not subject to the Children’s Online Privacy Protection Act.
User Credentials: When registering for the Site you will be provided with a username and password and you will provide other personally identifiable information. You agree that you will protect and not share your username or password with any third parties or use your username or password for any unauthorized purpose. If you lose control of either your username or password, you may lose control over your sensitive information utilized in the Site and you agree that we will not be responsible. In addition, you agree that you are responsible for all actions and transactions taken under your username and password. If you believe that your username or password has been stolen or otherwise compromised, immediately contact our Customer Support.
Remedies and Termination: We reserve the right to take any or all action we may deem appropriate in our sole discretion with respect to violations or enforcement of these Terms, and expressly reserve all rights and remedies available to us at law or in equity. We may terminate your access to or use of this Site for any reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms. We may also modify or discontinue providing this Site or any part of this Site with or without notice. The Howard Hughes Corporation will not be liable to you or to any third party for any termination of your access to or use of this Site or for any modification to or termination of this Site.
Disclaimers: WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT ON THIS SITE FOR ANY PURPOSE. ALL CONTENT IS PROVIDED "AS IS." WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPINCO, INC. AND ITS AFFILIATED COMPANIES EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH WE HAVE TRIED TO BE AS ACCURATE, COMPLETE, AND CURRENT AS POSSIBLE, WE DO NOT WARRANT THAT ANY SITE CONTENT IS ACCURATE, COMPLETE, OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME CHANGES ARE MADE TO THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED ON THE SITE AT ANY TIME. WE OPERATE THIS SITE FROM THE UNITED STATES OF AMERICA AND MAKE NO REPRESENTATION THAT THE CONTENT IS SUITABLE FOR USE IN OTHER LOCATIONS. IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, Howard Hughes Corporation AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN AN AMOUNT THAT EXCEEDS U.S. $100.00 (ONE-HUNDRED U.S. DOLLARS).
Indemnity: You agree to indemnify, defend, and hold Howard Hughes Corporation and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to (a) your violation of these Terms, (b) your use of this Site and the Content available on the Site, (c) your access to or use of any Affiliate Site, (d) any dealings between you and any third parties relating to this Site, and (e) any information or materials that you upload, submit, or otherwise transmit through this Site.
Choice of Law: All matters relating to your access to and use of the Site are governed in all respects by the laws of New York, without giving effect to conflicts of law principles or your actual state of residence.
Miscellaneous: If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. Howard Hughes Corporation's failure to act in a particular circumstance, including any failure by Howard Hughes Corporation to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Spinco, Inc. will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. Spinco, Inc. may assign its rights and obligations under these Terms, without your consent, to an entity that acquires all or substantially all of the assets of Spinco, Inc. or to any subsidiary or successor in a merger or acquisition involving Spinco, Inc. These Terms constitute the entire and final agreement between you and us with respect to the subject matter hereof and replace any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
© 2010 Howard Hughes Corporation. All Rights Reserved.