Terms of Use

Last Revised September 30, 2016

Acceptance of Terms of Use.  Welcome to the website of SeaportDistrict.Nyc (“Company”, “we” or “us”).  The following terms and conditions, as they may be amended from time to time (these “Terms of Use”) govern your access to and use of SeaportDistrict.Nyc including any content, functionality and services offered on or through SeaportDistrict.Nyc (the “Website”).

Please read these Terms of Use carefully before you start to use the Website and before each time you access the Website.  ANY USE BY YOU OF THE WEBSITE WILL EVIDENCE YOUR CONSENT TO BE BOUND BY THESE TERMS OF USE, WHICH IS A LEGAL CONTRACT BETWEEN YOU AND US.  ACCORDINGLY, YOU SHOULD NOT USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS OF USE.  We recommend that you download and print these Terms of Use for your records.  You represent and warrant that you possess the legal right and ability to enter into these Terms of Use on your own behalf or on behalf of any person for whom you are acting as agent, that you are authorized to use the password required for this Website, and that all information that you submit to us is true, accurate and current.

Changes to the Terms of Use.  We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.  ANY CONTINUED USE BY YOU OF THE WEBSITE FOLLOWING THE POSTING OF REVISED TERMS OF USE EVIDENCES YOUR AGREEMENT TO THE VERSION OF THE TERMS OF USE IN EFFECT AT SUCH TIME, INCLUDING ALL SUCH CHANGES. You agree to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

 

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any period, or for any reason.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.  You agree that all information you provide to register with this Website or otherwise on or through the Website, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy,  and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  Our Privacy Policy is a part of these Terms of Use, and its terms are incorporated by this reference.  YOUR USE THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THE TERMS OF OUR PRIVACY POLICY IN EFFECT AT THE TIME OF SUCH USE, INCLUDING ANY CHANGES TO THE PRIVACY POLICY SINCE YOUR PREVIOUS USE.  YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE WEBSITE’S PRIVACY OR SECURITY MEASURES.



If you choose, or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.  You agree that we may communicate with you through electronic messages, including but not limited to email, and if you forget or lose your password, you agree that we may send it to you by email.

Limited Use.

This Website is provided for your personal and non-commercial use only. Without express written consent, you may not download, store, modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from any portion of this Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features (please see the Website and Social Media Features section below) with certain content, you may take such actions as are enabled by such features solely in accordance with these Terms of Use.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to:  seaport@howardhughes.com.   

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted in these Terms of Use are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

No Unlawful Or Prohibited Use.

You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use.  You may not attempt to gain unauthorized access to this Website, other user’s accounts, and/or computer systems connected to this Website through hacking or any other means.  You may not use any automatic device, process or means (including, without limitation, robots, spiders, scripts, or other automatic devices or programs) to access or collect information from the Website for any purpose, including without limitation monitoring or copying any of the material on the Website. 

Additionally, you agree not to use the Website:

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, including their ability to engage in real time activities through the Website, or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the Website.
  • Use any device, software or routine that interferes with the proper working of the Website, attack the Website via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful.
  • Frame the Site, utilize framing techniques to enclose any Website content or other proprietary information, place pop-up windows over this Website’s pages, or otherwise affect the display of this Website’s pages.
  • Engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining the Website’s content or other information.
  • Use any meta tags or any other “hidden text” utilizing the Company’s or The Howard Hughes Corporation’s name, trademarks, or service marks.
  • Use the Company’s or The Howard Hughes Corporation’s logo or other proprietary graphic, trademark, or service mark as part of a link.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (please see Content Standards section below)  set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.

If you use or interfere with the Website in any unauthorized manner (“Interference”), you agree to pay all damages incurred by us or our affiliates, licensors, or providers, including any consequential damages, which result from such Interference.  Any Interference is a material breach of these Terms of Use and relieves us of any of our contractual or other legal obligations to you, including our obligations (including our confidentiality obligations, if any) under these Terms of Use or any other agreement between you and us.

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant Company and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the unrestricted, irrevocable, perpetual, worldwide, royalty-free license, for all possible rights and all possible media now known or later developed to make, use, transfer, sell, modify, copy, distribute, transmit, sublicense, publicly display, perform, publish, and create derivative works of any User Contribution for any purpose, commercial or otherwise, without compensation to you.  User Contributions shall not be subject to any obligation on our part, including without limitation any obligation of confidentiality, and we shall not be liable for any use or disclosure (including publication in any medium) of any User Contribution.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

These content standards apply to any and all User Contributions and use of Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
 Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.    

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.  It is the policy of the Company to terminate the user accounts of repeat infringers. 

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 of Use 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 Website for any reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use.  Company and its affiliates will not be liable to you or to any third party for any termination of your access to or use of this Website or for any modification to or termination of this Website.

Without limiting the foregoing, we have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES, INCLUDING WITHOUT LIMITATION LAW ENFORCEMENT AUTHORITIES, DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES.

Intellectual Property Rights.  The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, communications, graphics, user interfaces, visual interfaces, images, video and audio, music, artwork, computer code, and any other content, and the design, layout, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws.

Trademarks. SEAPORT DISTRICT NYC, STH/ST/SEAPRT/NYC, SEAPORT STUDIOS, S·E·A·P·O·R·T· S·T·U·D·I·O· SS, FULTON SOCIAL, PIER 17, PIER/PARTY, FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC, HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC (Stylized), HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION are registered trademarks, U.S. Patent and Trademark Office.  All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Links from the Website.  This Website may contain links to other sites on the World Wide Web, social media or other accounts, and other resources provided by third parties (“Third-Party Resources”).  We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement, sponsorship, or warranty of any kind of any Third-Party Resource or any association with its operators.  Your visit to Third-Party Resources is subject to the terms and conditions of such Third-Party Resources and not these Terms of Use.  Third-Party Resources are not authorized to make any representation or warranty on our behalf.  WE HAVE NO CONTROL OVER THIRD-PARTY RESOURCES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM.  WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE THIRD-PARTY RESOURCES, INCLUDING, WITHOUT LIMITATION OTHER LINKS CONTAINED THEREIN, IS ACCURATE, LEGAL, OR INOFFENSIVE.  WITH RESPECT TO ALL THIRD-PARTY RESOURCES AND ANY PRODUCTS OR SERVICES WHICH MAY BE OFFERED BY OR THROUGH ANY THIRD-PARTY RESOURCES, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE, AND REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF SUCH THIRD-PARTY RESOURCES.  WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT A THIRD-PARTY RESOURCE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE.  YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, OR ERRORS IN OR OMISSIONS OF SUCH THIRD-PARTY RESOURCE, NOR RESPONSIBLE OR LIABLE FOR ANY CONTENT, TRANSACTIONS, ACTIVITIES, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES, OR OTHER MATERIALS, TRANSACTIONS OR ACTIVITIES AVAILABLE ON OR THROUGH ANY SUCH SITE OR OTHER THIRD PARTY RESOURCE.

If you have a specific dispute or concern related to the content, product, or services of a Third-Party Resource, you should contact the Third-Party Resource and not us.

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website; Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.

Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, for example, framing, deep linking or in-line linking, any other site.

We may disable all or any social media features and any links at any time without notice in our discretion.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.

Geographic Restrictions.  The owner of the Website is based in the United States.  We provide this Website for use only by persons located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

You grant us a royalty-free, irrevocable, unrestricted, nonexclusive worldwide license for all possible rights and all possible media now known or later developed, to make, use, transfer, sell, modify, copy, distribute, transmit, sublicense, publicly display, perform, publish, and create derivative works of any submissions that you provide to us, including but not limited to feedback or ideas regarding the Website, its content, features, or functionality, and other products and services of the Company and its affiliates, and any and all other comments, suggestions, ideas, concepts, or other information (collectively, “Submissions”) for any purpose, commercial or otherwise, without compensation to you, subject to the terms of our Privacy Policy.  Other than as expressly set forth in our Privacy Policy, Submissions shall not be subject to any obligation on our part, including without limitation any obligation of confidentiality, and we shall not be liable for any use or disclosure (including publication in any medium) of any Submissions.

Changes to the Website we may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and we are under no obligation to update such material. 

Reliance on Information Posted.  The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. Any reliance you place on such information is strictly at your own risk. To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties.  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY RESOURCE.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, FUNCTIONALITY, TIMELINESS, LACK OF VIRUSES, ACCURACY OR AVAILABILITY OF THE WEBSITE.  THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT.  

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE.  

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.  IN NO EVENT WILL THE COMPANY, ITS PARENTS OR OTHER AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY THIRD-PARTY RESOURCES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER THIRD-PARTY RESOURCES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER THIRD-PARTY RESOURCES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification.  You agree to defend, indemnify and hold harmless the Company, its parents or other affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content or services other than as expressly authorized in these Terms of Use; (b) your use of any information or other materials obtained from, submitted to, or transmitted through the Website; (c) your access to or use of any Third-Party Resource; and (d) any dealings between you and any third parties relating to this Website.

Governing Law and Jurisdiction.  All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Texas, U.S.A., without giving effect to any choice or conflict of law, provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability.  No failure by the Company to assert a right or provision under these Terms of Use shall constitute a waiver of such right or provision, and no waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

If any provision or term of these Terms of Use shall, to any extent, be held invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall, to the extent possible, be modified in such a manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties as expressed herein, and if such a modification is not possible, that provision shall be severed from this Agreement, and in either case the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Miscellaneous.  Company and its affiliates will be excused for any failure to perform to the extent that their performance is prevented by any reason outside of their reasonable control.  No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Use.  Company may assign its rights and obligations under these Terms of Use, without notice or your consent.

Entire Agreement. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

This website is operated by Howard Hughes Management Co. LLC, 199 Water Street, 28th Floor, New York, NY 10038.

All notices of copyright infringement claims should be sent to the Copyright Agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: seaport@howardhughes.com.

Thank you for visiting the Website. 

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below).  In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Jennifer Chen

13355 Noel Rd., 22nd Floor, Dallas, TX 75240

214.741.7744

Copyrightagent@howardhughes.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified below).  Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to:

Jennifer Chen

13355 Noel Rd., 22nd Floor, Dallas, TX 75240

214.741.7744

Copyrightagent@howardhughes.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.