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.
2. Contract between You and Industry City
3. Collection of Visitor Information on the Industry City Web Access
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.
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.
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
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
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.
13. Links to Other Web Industry City Web Access
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
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
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
You are responsible for compliance with applicable laws.
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. “