Westfield Internet Site Terms of Use Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.

By using the pages in this site, you agree to these terms and conditions (this "Agreement"). If you do not agree, you should not use this site.

I. RESTRICTIONS ON USE

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America, its territories and possessions ("U.S."). If you are not yet 13 years old, or do not reside in the United States, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility and residency requirements of the Site.

Material from http://westfield.com and any other Internet web site owned, operated, licensed, or controlled by the Westfield Group or any of its related, affiliated, or subsidiary companies (together, "Westfield") are governed by this Agreement.

This is the official Terms of Use Agreement ("Agreement") for Westfield - United States ("Site," "we," "us," or "our"), an Internet website offered in cooperation with the Westfield Group. This Agreement governs only the content, features, and activities related to this Site and does not cover websites for any other Westfield websites or any subsidiaries and affiliates of Westfield (collectively, "Affiliates"), or any other company, unless specifically stated.

These terms and conditions regarding your use of this Site constitute a legally binding agreement between you and us and our Affiliates. This Agreement includes all websites and web-pages within this Site, as well as any equivalent, mirror, replacement, substitute or backup websites and web-pages that are associated with this Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement, and any additional terms that govern certain products and/or services ("Services") which will be presented in conjunction with those Services ("Additional Terms"). The Site also may provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, and email. The Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated into this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, this Agreement shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

II. MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may also email you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. Your continued use of this Site following the posting of changes to these terms will mean you accept those changes.

III. RESTRICTIONS ON USE OF MATERIALS

All materials contained in the Site are the copyrighted property of Westfield, or its Affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Westfield or its Affiliates. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or our Affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with Westfield or any of our Services or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. Unless otherwise indicated, all trademarks, service marks, trade names and trade dress are proprietary to us. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

IV. PRIVACY

We respect your privacy and the use and protection of your personally identifiable information ("Personal Information"). Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

V. PUBLIC COMMUNICATION

It is our policy to respect the privacy of all users, clients and customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a user's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on the Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Users of the Site shall remain solely responsible for the content of their messages. By uploading materials to the Site or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. We cannot be responsible for the content or accuracy of any information submitted by any third parties via the Site, and shall not be responsible for any trading or investment decisions made based on such information.

VI. CONTENT LINKED TO ANY AFFILIATED SITE

Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There are, or from time-to-time may be, links to other sites from the Westfield pages that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. It also may include links from third parties which may not be authorized by Westfield. These other sites may send their own cookies to users, collect data, solicit Personal Information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the sites may send cookies to users that we do not control. We reserve the right to disable links from third party sites to the Site. We make no representations concerning the content of sites that may be listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the Site. Please keep in mind that whenever you give out Personal Information online - for example, via message boards or chat - that information can be collected and used by people you don't know. While Westfield strives to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. You make such disclosures at your own risk.

VII. SUBMISSIONS

We are pleased to hear from our users and welcome your comments regarding our Services. Unfortunately, however, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically and expressly requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative ideas or work. Please do not send us any unsolicited original creative materials such as ideas, original artwork or stories. While we do value your feedback on our Services, we request that you be specific in your comments on those Services, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us). If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

VIII. DISCLAIMER

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY WESTFIELD SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

IX. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your information on the Site (including password(s) and account(s), if any) and for all your activities that occur under your account. You hereby indemnify, defend and hold us and our Affiliates and our officers, directors, owners, agents, information providers, Affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees, at trial and/or on appeal) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your use of the Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

X. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE)) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

XI. JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in and/or on the Site are presented solely for the purpose of promoting Services or programs that are available in the United States and its territories, possessions, and protectorates. The Site is controlled and operated by Westfield and/or its Affiliates. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

XII. TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under terms and conditions or otherwise. Your access to the Site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms and conditions or otherwise.

XIII. RULES OF CONDUCT

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password or account, if any. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

Be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

Affect us adversely or reflect negatively on us, the Site or Westfield, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";

Be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web-pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

XIV. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, Westfield, the Site, or our operational service providers, suppliers, and/or advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules that will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

XV. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that the Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Written notification must be submitted to the following Designated Agent:

Westfield, LLC
2049 Century Park East
41st Floor
Century City, CA  90067
United States of America
Attention: Peter Schwartz


Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must be a written communication that includes the following:

  • A physical or electronic signature of 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, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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.

We may give notice to our users of an infringement notification by means of a general notice on the Site, electronic mail to a user's e-mail address on our records, or by written communication sent by first class mail to  user's address on our records.

XVI. GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You specifically agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Obligatory Arbitration
. By using the Site, you agree that: (a) Any claim, dispute, or controversy (whether in contract, tort, otherwise) that you may have with, or claims you may have against, us arising out of, relating to, or connected in any way with the Site, or the determination of the scope or applicability of this Agreement, will be resolved exclusively by private, final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the AAA; (b) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. ยงยง 1-16; (c) the arbitration shall be held in Los Angeles, California, or at such other location as may be mutually agreed by you and us; (d) the arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein; (e) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or our individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (g) the arbitrator shall not have the power to award punitive damages against your or us or Westfield or our Affiliates; and (h) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Terms of Use Agreement was last modified on May 1, 2008, and is effective immediately.