TERMS AND CONDITIONS OF USE
Terms and Conditions
We hope you enjoy www.deerfootmall.com!
1. TERMS AND CONDITIONS
Shape Property Management Corp. (in this T&C referred to as “Shape”) manages certain shopping centres including the Brentwood Town Centre, Lougheed Town Centre, Highstreet, Deerfoot Mall, Nanaimo North Town Centre and Parallel Marketplace, and such further and other shopping centres as may be added form time to time (collectively the “Shape Shopping Centres”), and work together to provide the Websites, the Content and the Services to you subject to the following T&C. The T&C may be updated by Shape from time to time without notice to you. We suggest that from time to time, you review the T&C for possible changes. In addition, when using any Services or accessing any Content, you will be subject to any posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the T&C.
From time to time, specific Content or Services may require additional or modified specific terms and conditions. You will be alerted to the fact specific additional or modified terms and conditions are imposed at the time you access that Content or those Services and those specific terms and conditions as added to or modified shall, with respect to those specific circumstances, be deemed, to the extent they conflict with this T&C, to supersede the terms and conditions of this T&C.
2. SERVICES AND CONTENT
Shape currently provides users of the Website with various features and services, including newsletters, and other interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of Shape (collectively, the “Services”). The Website contains content that includes but is not limited to copy, renderings, photography, and video (collectively, the “Content”). Unless stated otherwise, the Website, Services and Content are subject to the T&C. You understand and agree that the Website, Services and Content are provided “as-is” and that Shape assumes no responsibility in connection with your use of the Website, the Services or the Content. The Website, the Services and the Content are provided for your non-commercial entertainment and enjoyment. Under the T&C, you may download certain Content and Services available on the Website to a single personal computing device for your personal use and entertainment. You may not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior written permission of Shape, which permission may be withheld in Shape’s sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. BACKGROUND INFORMATION
In order to use certain elements of the Services, you may be required to register with Shape by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or Shape has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Shape has the right to suspend, terminate or refuse any and all current or future use of the Services. In such case Shape may render your password ineffective, if applicable.
5. ACCESS BY CHILDREN
Persons under the age of Majority in their Province of residence are permitted to access all of the Services with the consent of their parent or guardian, and access by such minors will be proof that such consent was obtained prior to access to Services by a minor. Monitoring of access to Services by minors is the sole responsibility of such minor’s parent or guardian. Persons 13 years of age or under, in the event the provision of personal information may be required, in order to use a service, evidence of the consent of a parent or guardian. You agree to provide correct and accurate information concerning your age in connection with the registration for any Services, subject, of course, to all applicable laws.
7. MEMBER PASSWORD AND SECURITY
Should you receive a password upon completing the registration process for use of some of the Services., you are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. Shape cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7.
8. MEMBER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:
a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email or otherwise transmit any content that infringes any patent, trade-mark, trade secret, copyright or other intellectual property right of any party;
f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
g. upload, post, email or otherwise transmit any material 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;
h. interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services and/or the Content;
i. intentionally or unintentionally violate any applicable local, provincial, national or international law.
9. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Website and/or in connection with any of the Services (each, a “Message”), you are, by transmitting or uploading such Message, granting Shape a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, Shape may solicit Messages from users. Your provision of any such Messages in response to a solicitation by Shape shall be subject to a grant of a license to Shape as specified above.
b. When any user posts any Message to the Website or any of the Services, Shape shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Message for any reason in Shape’s sole discretion. It is Shape’s policy to fully cooperate with law enforcement authorities and court orders which request or require Shape to disclose personal information or the postings of anyone posting Messages to the Website or any of the Services. Although Shape may monitor and/or review Messages from time to time, it is under no obligation to do so and Shape does not assume any liability or responsibility with respect to any Messages, including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
c. You acknowledge and agree that Shape may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the T&C; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property, or personal safety of Shape and their employees, agents and servants, , Website users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Shape may offer you the opportunity to vote in connection with various polls and possible event opportunities. By casting your vote, you are agreeing to abide by the T&C and any and all voting guidelines posted on the Website.
You agree to indemnify, defend and hold harmless Shape Properties Corp. and Shape Property Management Corp. and their respective affiliates, successors and assigns , and each of their respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, (“Entities”) from and against any claim or demand, including reasonable legal fees and disbursements, arising out of Messages you post to, submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the T&C, or your violation of any rights of another.
12. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
Shape reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. You agree that the Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services.
If applicable, you agree that Shape, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if Shape believes that you have violated or acted inconsistently with the letter or spirit of the T&C. Shape may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this T&C may be effected without prior notice, and acknowledge and agree that Shape may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the Entities shall not be liable to you or any third party for any termination of your access to the Services.
14. SHAPE ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Entities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Website or in connection with the Services, shall be at your sole risk.
The Website and/or Services may provide, or third parties may provide, links to other World Wide Websites or resources. Because the Entities have no control over such sites and resources, you acknowledge and agree that the Entities are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Entities 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 available on or through any such site or resource.
16. PROPRIETARY RIGHTS
You acknowledge and agree that Shape, and associated logo marks, as well as all other proprietary materials depicted on the Website, the Services and Content are the property of Shape and the respective Shape Shopping Centre or are licensed to Shape, one of its affiliates, or the Shape Shopping Centre owner(s), and may not be reproduced without the prior written consent of Shape (or its designee). You acknowledge and agree that (i) any necessary software used in connection with the Website, the Services and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by, licensed to, or utilized by Shape with the owner’s consent; (ii) any images of or trade names or trademarks associated with any performing artist, or group/organization performing or playing at a Shape Shopping Centre (“Other Performers”) which appears on the Website is proprietary information that is protected by applicable intellectual property and other laws; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services and the Content or advertisers is protected by copyrights, trade-marks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Entities, Other Performers or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Website, Services, Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Shape for use in accessing the Services.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR THE CONTENT.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Services.
21. LINKING TO THE WEBSITE
No link to the Website may be “framed” to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.deerfootmall.com, the Website home page. “Deep Linking” to internal pages of the Website is expressly prohibited. Shape reserves the right to require that a link to www.deerfootmall.com be removed, all links to www.deerfootmall.com being subject to the approval of Shape.
22. GENERAL PROVISIONS
The T&C constitute the entire agreement between you and Shape and governs your use of the Website, the Services and access to the Content, superseding any prior agreements between you and Shape. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The T&C and the relationship between you and Shape shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and Shape agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia. The failure of Shape or any of the other Entities to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&C are for convenience only and have no legal or contractual effect.