Terms of Use

Please read these Terms of Use (the "Terms of Use" or "Terms") carefully because they apply to your use of the mallsmarket.com website available at http://www.mallsmarket.com, and its sub-domains, and the services provided by mallsmarket.com and its sub-domains (defined below). These Terms do not apply to the websites of mallsmarket.com's affiliates. The term mallsmarket.com shall mean to include its city specific sub-domains. mallsmarket.com makes mallsmarket.com website and services provided by mallsmarket.com available to you to use on the terms and conditions set forth in these Terms of Use. YOUR USE OF THE WEBSITE OR THE services provided by mallsmarket.com IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. By accessing or using the Website or the services provided by mallsmarket.com you also represent that you have the legal authority to accept these Terms of Use on behalf of yourself and any party you represent in connection with your use of the Website and the services provided by mallsmarket.com. THESE TERMS APPLY TO BOTH MEMBERS (AS DEFINED BELOW) AND USERS OF THE WEBSITE WHO ARE NOT MEMBERS. If you do not agree to these terms, you are not authorized to use the Website or services provided by mallsmarket.com. mallsmarket.com makes no representations that the Website or the services provided by mallsmarket.com are appropriate or available for use in all locations. If you are accessing or using the Website or the services provided by mallsmarket.com , you do so at your own risk and you are responsible for compliance with local law. Changes to these Terms of Use From time to time, mallsmarket.com may change, remove, add to or otherwise modify the Terms of Use, and reserves the right to do so in its discretion. In that case, we will post the updated Terms of Use and indicate the date of revision. We encourage you to periodically review the Terms of Use. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the mallsmarket.com website indicating that the Terms of Use have changed. All new and/or amended Terms of Use take effect immediately; provided, however, that if deemed material by mallsmarket.com it its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on mallsmarket.com. Notwithstanding the foregoing, (i) no modification to the Terms of Use will apply to any dispute between you and mallsmarket.com that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms of Use, you may terminate this agreement by ceasing use of the mallsmarket.com website. Your continued use of the mallsmarket.com website after new and/or revised Terms of Use are effective indicate that you have read, understood and agreed to those Terms of Use. About mallsmarket.com Generally. mallsmarket.com makes the mallsmarket.com website and the services provided by mallsmarket.com available to you on these Terms. You may only use mallsmarket.com and services provided by mallsmarket.com in accordance with these Terms and, in particular but without limitation, you may not use mallsmarket.com or services provided by mallsmarket.com for any purpose that is unlawful or prohibited by these Terms of Use or any other conditions or notices that are made available on mallsmarket.com mallsmarket.com Network Membership. Becoming a member ("Member") of the mallsmarket.com Network is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms may join the mallsmarket.com Network and use the services provided by mallsmarket.com; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join the mallsmarket.com Network and use the services provided by mallsmarket.com with the express permission of your parent or legal guardian. Any registration by, use of or access to the Websites or the services provided by mallsmarket.com by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms of Use. By joining the mallsmarket.com Network, establishing an account on the Websites or using the services provided by mallsmarket.com, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of your parent or legal guardian to join the mallsmarket.com Network and use the services provided by mallsmarket.com, and you further agree to abide by all of the terms and conditions of these Terms of Use. Subject to the terms and conditions in these Terms and Services, any person may join the mallsmarket.com Network when they register to make a post, comment on a post or subscribe to the ervices provided by mallsmarket.com. In addition, mallsmarket.com may offer membership to its Network on other terms that mallsmarket.com deems appropriate in its sole discretion. Registration; Security; Notice You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on mallsmarket.com, (b) maintain the security of your password and identification, (c) maintain and promptly update your registration information and any other information you provide to mallsmarket.com, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that mallsmarket.com has up-to-date contact information for you. You may not set up an account, membership or a profile page on behalf of another individual or entity unless you are authorized to do so. As used in these Terms of Use, "Member" means a person who has joined the mallsmarket.com Network and established an account on mallsmarket.com. Joining the mallsmarket.com Network, establishing an account on mallsmarket.com or using the services provided by mallsmarket.com does not and shall not be deemed to make you a member, shareholder or affiliate of mallsmarket.com for any purposes whatsoever, nor shall you have any of the rights of statutory members. Privacy Policy mallsmarket.com is committed to handling responsibly the information and data we collect through our mallsmarket.com website and agrees to use your personal information in accordance with the Privacy Policy and these Terms of Use. The Privacy Policy is hereby incorporated into these Terms. Profile Pages. mallsmarket.com may permit Members of its Network to create and maintain a profile page. mallsmarket.com does not pre-screen or approve profile pages, and cannot guarantee that a profile page was actually created and is being maintained by the individual or entity that is the subject of a profile page. mallsmarket.com is not responsible for the Content (as defined below) of any profile page, including without limitation the accuracy of any list of works or the provenance and/or ownership of such works, or the provenance or ownership of any works to which a badge may be affixed. mallsmarket.com reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by mallsmarket.com in its complete discretion. About the Content you Post to mallsmarket.com As used in these Terms of Services, "Content" includes but is not limited to photos, profiles (including name, location, image and likeness), text, information, lists of works, stories , and any other Content that is posted, uploaded or displayed ("post" or "posted") on or through mallsmarket.com or the services provided by mallsmarket.com. You may only post Content that you have the right to post. For example, this means that you can only post Content that you yourself create, that is in the public domain or that you have been expressly granted the right to use and post. For the avoidance of doubt, materials that infringe the rights of any third party (ie. materials used without express permission of the copyright owner) may not be posted. You represent, warrant and agree that no Content of any kind submitted or posted through your account on mallsmarket.com or submitted, posted or otherwise shared by you through any mallsmarket.com Service, will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other person or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You may post and thereafter edit your post on mallsmarket.com for public viewing. To the extent such Content is copyrightable, as a condition to making the posting you must license Your post to be published / reused unconditionally by mallsmarket.com . By submitting Content to mallsmarket.com, you represent and warrant to mallsmarket.com that you have all necessary rights and authority to upload such Content to mallsmarket.com. You are solely responsible for the Content that you post. mallsmarket.com may, but is not obligated to, review your postings and may delete or remove (without notice) any Content in its sole discretion that mallsmarket.com determines violates these Terms of Use or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. mallsmarket.com does not endorse or support any Content posted on mallsmarket.com. You alone are responsible for creating backup copies and replacing any Content you post on mallsmarket.com, and you authorize mallsmarket.com to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on mallsmarket.com. You may use the Stories and photographs/images that you find on mallsmarket.com as long as you You acknowledge that all rights not expressly granted under the terms of the license are reserved to the creator. For the avoidance of doubt, you must attribute all Stories and photographs/images in the manner required by the author or licensor and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with a Story or photograph/image. You represent and warrant to mallsmarket.com that you will use any and all Stories and photographs/images made available at mallsmarket.com in accordance with such license. You should be sure to review the terms of that license before you use it so that you know what you can and cannot do with them. By using mallsmarket.com, you agree that you are solely responsible for your use of any and all Content made available thereon. Further, you represent that you understand that all information and Content made available at or submitted to the mallsmarket.com site is the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they upload or list and/or link to on their profile page (including the list of works and the works so listed). You also acknowledge that mallsmarket.com does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content and information made available at the instigation of users of the mallsmarket.com site . You understand that by using the mallsmarket.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is mallsmarket.com liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the mallsmarket.com site or the services provided by mallsmarket.com. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content not created by us or submitted to us, including without limitation information posted on or linked to from any profile page or elsewhere on mallsmarket.com. You agree that, while mallsmarket.com may make efforts to ensure that the Content made available at mallsmarket.com is legal, non infringing and that the use of it in accordance with these Terms of Use and, where applicable, a mallsmarket.com license will not infringe the rights of any third party, mallsmarket.com cannot guarantee that Content made available at mallsmarket.com, works identified on a list of works do not infringe the rights of any third party. You further agree that all content posted by mallsmarket.com (as opposed to Members or other users) on the Website is made available under the terms of the license specified on mallsmarket.com, and that all rights not expressly granted under the terms of such license are reserved to mallsmarket.com and its licensors. User and Member Conduct Users of mallsmarket.com and Members of the mallsmarket.com Network agree not to use mallsmarket.com or any of the services provided by mallsmarket.com to: Post, use or transmit material or Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws; Post, use or transmit unsolicited or unauthorized materials or Content, including advertising or promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited or unwelcome solicitation or advertising; Post, use or transmit material or Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the mallsmarket.com site or servers or networks connected to the mallsmarket.com site, or that disobeys any requirements, procedures, policies or regulations of networks connected to the mallsmarket.com site; Post or transmit material or Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise objectionable, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations; Intimidate or harass another; Use or attempt to use another's account, service (including services provided by mallsmarket.com), or personal information; Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website or the services provided by mallsmarket.com; Attempt to gain unauthorized access to mallsmarket.com or the services provided by mallsmarket.com, other accounts, computer systems or networks connected to mallsmarket.com or the services provided by mallsmarket.com, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of mallsmarket.com or the services provided by mallsmarket.com or any activities conducted through mallsmarket.com or the services provided by mallsmarket.com; Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of our Website; or Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute this Website; or, (ii) use mallsmarket.com or services provided by mallsmarket.com in any manner that could disable, overburden, damage or impair mallsmarket.com or services provided by mallsmarket.com, or interfere with any other party's use and enjoyment of mallsmarket.com or services provided by mallsmarket.com. Third Party Websites and Third Party Content. mallsmarket.com may contain links to websites not controlled by mallsmarket.com ("Third Party Websites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other Stories or items belonging to or originating from persons or organizations other than mallsmarket.com ("Third Party Content"). You acknowledge that mallsmarket.com: (a) is not responsible or liable for any Third Party Websites, including without limitation, the Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness or completeness; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content (including without limitation, lists of works). DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, mallsmarket.com OFFERS mallsmarket.com AND THE services provided by mallsmarket.com AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING mallsmarket.com OR THE services provided by mallsmarket.com, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT (INCLUDING WITHOUT LIMITATION NONINFRINGEMENT FOR WORKS CONTAINED IN ANY LIST OF WORKS POSTED ON mallsmarket.com). mallsmarket.com DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON mallsmarket.com OR RELATING TO THE services provided by mallsmarket.com WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT mallsmarket.com OR CC'S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. mallsmarket.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL mallsmarket.com, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ("THE mallsmarket.com PARTIES") BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH mallsmarket.com, THE services provided by mallsmarket.com (OR THE TERMINATION THEREOF FOR ANY REASON), INCLUDING WITHOUT LIMITATION THE OPENID SERVICES, OR THE USE OF ANY MATERIAL INCLUDED OR POSTED AT mallsmarket.com, EVEN IF THE mallsmarket.com PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE mallsmarket.com PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON mallsmarket.com (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO LISTS OF WORKS POSTED ON mallsmarket.com ), FOR YOUR USE OF THE services provided by mallsmarket.com (INCLUDING THE OPENID SERVICES), OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON mallsmarket.com OR OTHERWISE RELATING TO MEMBERSHIP IN THE mallsmarket.com NETWORK OR THE services provided by mallsmarket.com. Indemnification for Breach of Terms of Use. You agree to indemnify and hold harmless the mallsmarket.com Parties (defined above) from and against any and all loss, expenses, damages and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the mallsmarket.com Parties from and against any and all claims brought by third parties arising out of your use of mallsmarket.com, the services provided by mallsmarket.com (including the OpenID services), and the Content you make available via mallsmarket.com or the services provided by mallsmarket.com by any means, including without limitation through a posting, a link, reference on a list of works, application of a badge to a work, or otherwise. Trademarks. mallsmarket.com may contain trademarks, service marks, logos and other names that are the property of mallsmarket.com or such other party as indicated with respect to that name or icon. In the case of mallsmarket.com' trademarks, logos and icons, these may only be used in accordance with our trademark policy. Copyright Complaints; DMCA Compliance. mallsmarket.com respects the intellectual property rights of others, and we prohibit Members of our mallsmarket.com Network or other users of mallsmarket.com or services provided by mallsmarket.com from uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights. mallsmarket.com complies with the provisions of the Digital Millennium Copyright Act (DMCA) and will take remedial measures to remove any content that violates another person's intellectual right.