TERMS OF USE

Industry City (meaning 1-10 Bush Terminal Owner LP, 19-20 Bush Terminal Owner LP and their affiliated entities) grants you a non-exclusive, revocable, limited license to access and make personal use of Industry City Web Access. You are not permitted to download (other than page caching) or modify the Industry City Web Access, or any portion of it. This license does not include (a) any right to resell access to or commercial use of the Industry City Web Access or content accessed thereby; (b) any derivative use of the Industry City Web Access or content accessed thereby; or (c) any right or authorization to use data mining, robots or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose the Industry City Web Access or content accessed thereby without the express written consent of Industry City or the applicable Content Provider. Any unauthorized use terminates the permission of license granted by Industry City.

 

1. Industry City is pleased to provide access to internet access (“Industry City Web Access”) for your use and benefit, subject to your compliance with these Term of Use (the “Terms of Use”).  These Terms of Use govern your use of Industry City Web Access.  By using the Industry City Web Access you agree to be bound by these Terms of Use as set forth below.  Use of Industry City Web Access is strictly voluntary.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING Industry City Web Access.

 

2. Contract between You and Industry City

These Terms of Use set forth the duties and responsibilities associated with your use of Industry City Web Access and are a contract me between you and the Industry City entity operating the Industry City Web Access.  If you do not agree to these Terms of Use, you must immediately log off the Industry City Web Access and you may not use the Industry City Web Access.  If you breach any portion of these Terms of Use, your authorization to use the Industry City Web Access automatically terminates and you must immediately discontinue use of the Industry City Web Access.

These Terms of Use describe the limited basis on which the Industry City Web Access are available and supersede prior agreements or arrangements on your use of the Industry City Web Access.  Otherwise, these Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Industry City.

 

3. Collection of Visitor Information on the Industry City Web Access

Any information collected at the Industry City Web Access is governed by our Privacy Policy unless otherwise stated.  To access and use certain services available through the Industry City Web Access, you may be required to register with Industry City through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

 

4. Copyright

All content, software, and technology included on the Industry City Web Access or used in the operation of the Industry City Web Access is the owned or licensed property of Industry City or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws.  The compilation (meaning the collection, arrangement, and assembly) of all content on the Industry City Web Access is the exclusive property of Industry City and protected by U.S. and international copyright laws. Industry City grants you permission to view and use content, software, and technology made available to you on the Industry City Web Access in connection with your own personal, noncommercial use of the Industry City Web Access. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Industry City Web Access is strictly prohibited without written permission from Industry City.

 

5. Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Industry City Web Access are registered and unregistered Trademarks of Industry City and others.  Nothing on the Industry City Web Access shall be construed as granting any license or right to use any Trademark displayed on the Industry City Web Access without the prior written permission of the owner of the Trademark.  Other product and company names mentioned in the Industry City Web Access may be the Trademarks of their respective owners.

 

6. Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on the Industry City Web Access or used in the operation of the Industry City Web Access, including, without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Industry City.  Any use of these rights without the prior written permission of Industry City is strictly prohibited without written permission from Industry City.

You may not: circumvent or disable any content protection system or digital rights management technology used with any portion of the Industry City Web Access; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Industry City Web Access to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Industry City Web Access in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.  You may not access or use any portion of the Industry City Web Access in violation of United States export control and economic sanctions requirements or any other law. 

 

7. Accuracy

Information on the Industry City Web Access may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, tenants, locations, descriptions, information and other matters.  Industry City reserves the right to correct any errors, inaccuracies or omissions and to discontinue, change or update information at any time without prior notice. 

 

8. Disclaimer of Warranties

THE INDUSTRY CITY WEB ACCESS AND ALL CONTENT, materials, PRODUCTS and services available through THE INDUSTRY CITY WEB ACCESS ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  INDUSTRY CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  INDUSTRY CITY MAKES NO REPRESENTATION THAT THE INDUSTRY CITY WEB ACCESS OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  INDUSTRY CITY MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE INDUSTRY CITY WEB ACCESS IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE INDUSTRY CITY WEB ACCESS WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE INDUSTRY CITY WEB ACCESS. 

YOU ACKNOWLEDGE, BY YOUR USE OF THE INDUSTRY CITY WEB ACCESS, THAT SUCH USE IS AT YOUR SOLE RISK.

 

9. Limitation of Liability

IN NO EVENT SHALL EITHER INDUSTRY CITY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE INDUSTRY CITY WEB ACCESS OR THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE INDUSTRY CITY WEB ACCESS, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall Industry City’s aggregate liability resulting from or relating to your use of  Industry City Web Access exceed Five Dollars ($5.00).

 

10. Prohibited Activities and Visitor Obligations

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password or account, if any. As a visitor or user of  Industry City Web Access you shall not:

  • Violate any applicable law or regulation;
  • Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
  • Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • Engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Use the Industry City Web Access to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • Interfere with or otherwise limit the use of Industry City Web Access by other users, or collect, compile, or store personal information about other users of  Industry City Web Access;
  • Disrupt or interfere with the operation of the Industry City Web Access by overloading or exceeding the capacity of the Industry City Web Access or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through Industry City Web Access or any affiliated or linked Industry City Web Access; 
  • Disrupt or interfere with the security of, or otherwise cause harm to, Industry City Web Access or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through Industry City Web Access or any affiliated or linked Industry City Web Access;
  • Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on Industry City Web Access or the content contained therein without Industry City’s prior, express, and written permission; or
  • Use Industry City Web Access for commercial purposes.
  • Affect Industry City adversely or reflect negatively on Industry City, the Site or Industry City, Industry City’s goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all of any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
  • Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

 

11. User Content

You agree that you are solely responsible for the Post of any content that you make available on or send through Industry City Web Access (“User Content”).  In addition to the rights granted to Industry City elsewhere in these Terms of Use, you grant Industry City a non-exclusive, sublicensable, irrevocable, perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Industry City Web Access and on third-party Industry City Web Access and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

Although Industry City has no obligation to screen, edit or monitor any of the User Content or user conduct on the Industry City Web Access, Industry City reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Industry City Web Access at any time and for any reason without notice. Your User Content may be available on the Industry City Web Access for a limited period of time, as determined by Industry City in its sole discretion.  You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Post of User Content to Industry City Web Access, you represent and warrant that: (a) the User Content is non-confidential and is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Industry City Web Access and to grant the rights to Industry City you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Industry City Web Access, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.  You agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our Affiliates (as defined in Industry City’s Privacy Policy), licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

 

12. Indemnification

You agree to indemnify, defend, and hold Industry City and its Affiliates, agents, and its and their successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Industry City incurs or suffers which relate to your use of the Industry City Web Access, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

 

13. Links to Other Web Industry City Web Access

The Industry City Web Access may contain links to other Industry City web sites.  Additionally, other Industry City websites may contain links to Industry City Web Access or other Industry City websites. Industry City does not review or monitor the other Industry City websites and other websites linked to Industry City Web Access and Industry City is not responsible for the content or policies of any other websites.  Any link established by Industry City does not constitute an endorsement of the other web sites or create a relationship between Industry City and the operators of other websites.  Industry City disclaims any liability with respect to your use of any other websites, and you release Industry City from any liability related to your use of any link to another website.  Where Industry City Web Access contains a link to another website owned and/or operated by Industry City, such website use may be subject to different and additional terms of use and privacy policy terms and conditions. 

 

14. Changes to Terms of Use

Industry City may revise these Terms of Use at any time without notice.  Any use of the Industry City Web Access following the date on which changes to these Terms of Use or the Privacy Policy are published on the Industry City Web Access shall constitute your acceptance of all such changes. You expressly agree that Industry City shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy. 

 

15. Continued Operation, Accessibility, and Maintenance of the Industry City Web Access

Industry City may modify, change, suspend, terminate or discontinue the operation of the Industry City Web Access or the provision of any services without notice and Industry City reserves the right to refuse service to anyone at any time, with or without cause

 

16. Third Party Providers of Functionality on the Industry City Web Access

Industry City may have functionality on Industry City Web Access that is provided, in whole or in part, by a third party service provider.  You can usually identify such third party functionality by the use of a trademark not owned by Industry City on or near the functionality.  For such third party functionality, you will need to review the terms of use and privacy policy for that third party, which in some cases may require you to visit that party’s web Industry City Web Access and locate the terms of use and privacy policy.  Your review should include determining whether such terms and policy are acceptable to you.  If they are not, do not use the associated functionality on our Industry City Web Access

 

17. Web Chat

Industry City may provide functionality on Industry City Web Access that allows you to chat with Industry City representatives via our Industry City Web Access (“Web Chat”).  The Web Chat functionality may be provided, in whole or in part, by a third party service provider.  Your Web Chat with Industry City shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of Industry City.  You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.

 

18. Your Account

If you are a registered user of Industry City Web Access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password, including taking reasonable steps to maintain the confidentiality of your username and password.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any portion of the Industry City Web Access.  Industry City reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

 

19.          Digital Millenium Copyright Act (“DMCA”) Notice

In operating the Industry City Internet Service, Industry City may act as a “services provider” (as defined by the DMCA) and offer services as an online provider of materials and links to third party websites. As a result, materials that Industry City does not own or control may be transmitted, stored, accessed or otherwise made available using the Industry City Internet Service. Industry City has in its place certain legally mandated procedures regarding allegations of copyright infringement occurring on or via the Industry City Internet Service that provide for the prompt removal of any content that is found to have infringed on the rights of Industry City or of a third party, or that has otherwise violated any intellectual property laws of regulations or these Terms of Use.

If you believe any materials available via the Industry City Internet Service infringes a copyright, you should notify Industry City using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sec. 512(c)(2)). Industry City’s designated agent (i.e. proper party for notice) to whom you should address infringement notices under the DMCA is as follows:

1-10 Bush Terminal Owner LP

_____________________

_____________________

In your notice, please provide the following: (a) the copyrighted work or other intellectual property that you claim has been infringed; (b) the material on or accessed via the Industry City Internet Service that you claim is infringing, with enough detail so that Industry City may locate it; (c) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (d) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your address, telephone number and email address; and (f) your physical or electronic signature

20. General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. 

Any failure by Industry City to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of New York USA without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Industry City, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of New York (the “New York Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the New York Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the New York courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Industry City Web Access is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Use of the Industry City Web Access is unauthorized in any jurisdiction where all or any portion of the Industry City Web Access may violate any legal requirements and you agree not to access the Industry City Web Access in any such jurisdiction.

You are responsible for compliance with applicable laws.

 

21. Submissions

Any and all questions, comments, ideas, suggestions, and other materials or information that you send or submit to Industry City or a third party provider via Industry City Web Access, by a Post or otherwise (collectively, “Submissions”), shall become Industry City’s property; and you hereby transfer, sell, and assign to Industry City all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights.  To the extent the preceding assignment and transfer is ineffective, you hereby grant Industry City an ‎exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right ‎to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly ‎display and publicly perform such Submission throughout the universe in any media, now known or ‎hereafter devised. ‎You agree that all Submissions, whether or not solicited by us, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.  Industry City shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

 

22. Aggregated Data

The End User grant Industry City and its licensor a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from the End Users use of the Services (the “Aggregated Data”) for Industry City’s business purposes and the business purposes of Industry City’s licensor. Aggregated Data does not include (directly or by inference) any information identifying the End User or any identifiable individual. The End User further grant Industry City and its licensor the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group. The Aggregated Data will not be considered the End User’s Confidential Information. “

 

23. Contact

For questions or comments related to the Industry City Web Access or these Terms of Use, please email us at _____________________.