Terms of Service
These Terms of Use (“Terms”) apply to your use of each website (hereinafter referred to as “Website”) operated by Monmouth Mall, the shopping center which is the subject of this Website. By accessing, using or posting anything to this Website, you agree to use the Website in accordance with all applicable laws and regulations and in accordance with the Terms outlined herein. These Terms may be updated from time to time without notice to you, and you further agree to be bound by the version of the Terms that are in effect each time you visit the Website. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER.
As used herein, the terms “Monmouth Mall,” “we,” “our,” and “us” refer to Monmouth Mall, and “Monmouth Mall” refers to and includes Monmouth Mall, the owner of the shopping center and their respective subsidiaries, owners, affiliates, officers, directors and employees.
License and Website Access
Monmouth Mall grants you a limited, non-exclusive and revocable license to use the Website in accordance with these Terms. The content of the Website that is posted by us, including, but not limited to, any text and images contained herein and their selection and arrangement, is owned by us or our content providers. You may download material from the Website that is posted by us for your personal use; however, you may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material contained on the Website. You acknowledge that we or our third-party content providers retain ownership of the posted materials and that you are not acquiring any ownership rights by downloading copyrighted materials.
Notwithstanding the foregoing, we reserve the right in accordance with any applicable laws, to refuse access to anyone at any time in our sole discretion and without notice to you for any reason, or for no reason.
Your Representations and Warranties
You represent and warrant that you possess the legal right and ability to agree to these Terms and that all information that you submit to this Website is true, accurate and current. You agree that you will not: (i) collect users’ information, or otherwise access Website, using automated worms, viruses or other malicious codes; or (ii) transmit worms, viruses or other malicious codes. You affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then you may not use the Website. On certain areas of this Website you may be able to submit texts, files, images, photos, videos, sounds, musical works, works of authorship, text postings, and other materials and content (“User Content”). Your posting of User Content is subject to these Terms as well as any additional terms posted for a specific feature. Monmouth Mall may delete any User Content that in the sole judgment of Monmouth Mall violates these Terms. You agree that in using the Website, including the interactive features therein, you will adhere to the following:
- You agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Monmouth Mall, or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.
- You agree not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Monmouth Mall.
- You agree not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- You agree not to post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- You agree not to post any software to the Website, nor will you post links or files that do not comply with these Terms, and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website.
- You agree not modify in any way any specifications, technology or application codes provided to you by Monmouth Mall or as embedded in the User Content unless expressly authorized in writing by Monmouth Mall.
- You agree not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
By posting information on or through the Website you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Monmouth Mall, its affiliates and third-party providers of any of information that you may provide on the Website.
By placing any content on the Website that contains images, photographs, graphics or pictures (“Images”), you represent and warrant that: (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted You permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and the Website; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
No Ownership/Account Cancellation
You understand and agree that you have no ownership rights in your account or other access to the Website or features therein. Monmouth Mall may cancel your account and delete all User Content associated with your account, or may delete any specific User Content, at any time and without notice, if Monmouth Mall determines in its sole discretion that you have violated these Terms, the law, or for any other reason. Monmouth Mall assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account. Further, we reserve the right to suspend or revoke your right to use the Website, to remove any material from the Website, and to terminate the Website at any time in our sole discretion and without notice to you for any reason, or for no reason. In the event of such termination, Terms of Use shall terminate, but the following provisions will still apply: Your Representations and Warranties, Intellectual Property and Trademarks, Indemnification, Limitation of Liability and Applicable Law.
Intellectual Property and Trademarks
All content on this Website, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, digital, downloads, data compilations, video clips and software is owned or licensed by us or our content providers, and is protected by United States and international copyright laws. In addition, all trademarks and intellectual property are also the property of The Monmouth Mall Company LLC or its content suppliers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization.
Except as expressly authorized in writing by Monmouth Mall or its Website content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.
Limitation of Liability and Warranty
YOU AGREE THAT USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MONMOUTH MALL COMPANY LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, LINKS TO OTHER WEBSITES, OR ANY OTHER MATERIAL INCLUDED ON THE WEBSITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
WHILE WE PROHIBIT CERTAIN CONDUCT AND CONTENT ON THE WEBSITE DESCRIBED HEREIN, YOU UNDERSTAND THAT WE CANNOT BE RESPONSIBLE FOR THE CONTENT DISEMMINATED VIA THE WEBSITE AND YOU NONETHELESS MAY BE EXPOSED TO CERTAIN CONTENT. THEREFORE, YOU USE THE WEBSITE AT YOUR OWN RISK.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 1) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: 2) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE WEBSITE; AND 3) ANY WARRANTIES OF TITLE.
WE DO NOT WARRANT THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL BE AVAILABLE OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Information Provided by You is Not Confidential or Proprietary
Any information uploaded by you to the Website or provided to us, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Notices of Infringement
We or our designees will investigate notices of infringement of third parties’ rights, and will take appropriate actions, including for copyright infringement, those provided for under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you are a rights owner and become aware of an infringement of one of your works or intellectual property, submit a complaint to:
Monmouth Mall
Attention: Legal Department
180 Route 35 South
Eatontown, New Jersey 07724
EMAIL: monmouthmall@kushner.com
Include in your notice the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Indemnification
You agree to indemnify, defend and hold us harmless, as well as each partner and member thereof, its subsidiaries and other affiliated companies, its officers, directors and employees from all liabilities, claims and expenses, including reasonable attorney fees that arise from your use or misuse of this Website, including any violation by you of these Terms.
Applicable Law
This Website is hosted in the United States, with servers in the U.S. and is intended only for United States visitors. If you are visiting this Website from another jurisdiction, you understand that your use is at your own risk, and that data you submit is subject to the terms of this Website’s Privacy Policy. All users understand that the laws of the State of Michigan will govern these Terms, without regard to Conflict of Laws Rules or Principles, and any dispute that might arise between you and us. You agree to the personal and exclusive jurisdiction of the courts located in the County of Oakland, Michigan and the Federal Court located in Detroit, Michigan.
Third Party Links
Although this site may be linked to other sites, Monmouth Mall is not, directly or indirectly, implying any approval, authorization, association, sponsorship, endorsement, or affiliation by us with respect to the linked site, its owners or its providers, unless specifically stated therein. We provide these links only as a convenience to you. By entering this Website you acknowledge and agree that Monmouth Mall has not reviewed or tested any information, software or products found on these websites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. Your linking to any other off-site pages or other sites is at your own risk.
Severability
This agreement constitutes the entire agreement between you and us with respect to this Website and supersedes all prior or contemporaneous communications, whether oral, written or electronic, between you and The Monmouth Mall Company LLC, as managing agent on behalf of the owner of the shopping center which is the subject of this Website. Should any of these Terms of Use conditions be held invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect.
Miscellaneous
Both you and Monmouth Mall acknowledge and agree that no partnership is formed and neither of you nor Monmouth Mall has the power or the authority to obligate or bind the other. The failure of Monmouth Mall to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Monmouth Mall, shall not be deemed a breach of these Terms. If Monmouth Mall fails to act with respect to your breach or anyone else’s breach on any occasion, Monmouth Mall is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
WEB ACCESSIBILITY STATEMENT
Monmouth Mall is committed to facilitating the accessibility and usability of its Websites, for persons with sensory disabilities. To accomplish this, Monmouth Mall implements relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (“WCAG 2.0 AA”) as its web accessibility standard, which brings the Website into further conformance with the Section 508 Web Accessibility Standards developed by the United States Access Board.
If you have difficulty accessing our website, apps or intranet to attain information or for any other purpose please contact monmouthmall@kushner.com or 732-542-0333 and one of our representatives will be able to assist you.