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Terms of Service

Who We Are
We are the International Council of Shopping Centers, Inc. dba ICSC (“ICSC,” “we,” “our”).

These Terms Apply to the Use of Our App and Website

This page provides the General and Member Specific Terms of Service (the “Terms” or the “Agreement”) under which any user including ICSC members and attendees to ICSC events, (“User,” “you,” “yours”) may use ICSC mobile application (the “App” or “ICSC App”) and/or the ICSC website located at https://www.icsc.com (the “Website”).

These Terms include General Terms and Member Specific Terms. General Terms shall apply to all Users including ICSC event registrants (“Registrant”). ICSC members (“Member”) using the App/Website will also be bound by the additional Member Specific Terms and will have full access to ICSC App/Website features. 

If you are not a Member and you use the App/Website, “Terms” shall mean the General Terms of this Agreement. If you are a Member using the App/Website, “Terms” shall mean both the General and Member Specific Terms of this Agreement. 

Please read our Terms carefully. By downloading, accessing and using the App/Website, you accept and agree to be bound, without modification, limitation or qualification, by these Terms. If you do not accept the Terms stated here, you must not use our App/Website. The right to access and use the Website/App is not transferable to any person or entity. You are responsible for all use of your information. If you are provided with User and password log in details, you are responsible for maintaining the confidentiality of your log in details. We may, at our sole discretion, modify or revise these Terms at any time by updating this posting. You will be bound by any such modification or revision and should therefore visit the Terms of Service page periodically to review the Terms.

Your Use of the App/Website Constitutes Your Agreement To All Terms, Conditions and Notices Contained Herein or Otherwise Posted on the App/Website.

GENERAL TERMS

SECTION 1. Using the App/Website
ICSC App/Website can be downloaded/navigated at no cost to any User. However, only registered Members will be able to access gated content on the App/Website. To use the App, you must have a compatible mobile device; ICSC does not warrant that the App will be compatible with your mobile device.

As a condition for agreeing to these Terms, you may:

  • Download or stream a copy of the App onto up to two (2) devices and view, use and display the App/Website on such devices for your personal purposes only;
  • Use any documentation to support your permitted use of the App/Website;
  • Make copies of the App/Website for back-up purposes; and
  • Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

ICSC reserves the right, in its sole discretion, to restrict, limit or terminate access, at any time and for any reason, to App/Website Users who do not abide by these Terms and fail to adhere to ICSC’s Community Guidelines (SECTION 7).

SECTION 2. Technical Data
By using the App/Website, you agree that ICSC may collect and use technical information about the devices used to access the App/Website and related software, hardware and peripherals to improve our products and to provide any services to you.

SECTION 3. Location Data (UNLESS you turn location services off)
There are certain features that are incorporated to the App/Website, including the map feature available on the App, which will use location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App/Website on the device. If you use these available features, you consent to ICSC’s and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

You may stop us from collecting such data at any time by turning off the location services settings.

SECTION 4. Your Personal Data 
We are committed to maintaining User privacy. We do, however, gather certain information that you provide to us through the App/Website. We believe that by collecting this information we can provide you with a personalized web experience, and to assist our sales team and advertisers in efficiently reaching an appropriate audience. The information we request is the minimum we believe necessary to achieve this goal. We may use the information we obtain about you, including your IP address, name, mailing address, email address and your use of the App/Website, for analytics purposes, our internal business and marketing purposes, and may disclose the information to authorized third parties for such purposes. For further details on how we use your personal information, please read our Privacy Policy.

If you are an ICSC Member, you will be included in and will have access to the ICSC Membership Directory. You have the option to opt-out from including your Member Data in our ICSC Membership Directory. More information is available at ICSC Membership Terms and Conditions. 

If you are attending an ICSC event as a Registrant, you will be included in and will have access to the list of attendees for such an event (“ICSC Event Attendee Directory”). You have the option to opt-out from including your personal data in the ICSC Event Attendee Directory. More information is available at ICSC Event Registration Terms and Conditions

SECTION 5. Updates and Changes
We reserve the right at any time and from time to time, to update, modify or discontinue, temporarily or permanently, the App/Website as well as any and all features and sections contained therein, including to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will provide notice to registered Users provided via posting to the App/Website or email, and immediately in the event of technical difficulties. If you are using our App and you choose not to install updates or if you opt-out of automatic updates, you may not be able to continue using the App and the services provided through the App. We shall not be liable to any User or to any third party for any such modification, suspension or discontinuance of the App/Website.

SECTION 6. IP Rights and Ownership 
The contents of the App/Website, such as text, graphics, images, audio, video and other material, or services provided through the App/Website, including  the underlying html source code of the Website and the App source code (“Material”) are protected by copyright under both United States and foreign laws, and are owned or controlled by ICSC or by third parties that have licensed their Material to ICSC. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Material, in whole or in part, or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose. You may download ICSC’s copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of ICSC and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks (the “Marks”) displayed on the Website/App are owned by ICSC or third parties. You are prohibited from using those Marks without the express, written permission of ICSC or such third party. If you would like information about obtaining ICSC’s permission to use the Material on Your website, email: icsc@icsc.com. ICSC and all related logos, whether or not registered, are trademarks belonging to ICSC. All rights reserved. All other trademarks appearing on the App/Website are the property of their respective owners.

You  warrant and represent that you have the right to use and license the use of any materials you submit through the App/Website and you hereby grant to ICSC a worldwide, royalty-free, nonexclusive, perpetual license to use and distribute any such materials that you submit through the App/Website or any other medium (including photographs, slides, power point or other written materials) in any format at any time, including distribution on our App/Website to be accessed by any interested party. You understand and agree that no compensation will be due to you for these uses, reproductions or distributions of such materials and you hereby waive and release all claims for compensation from ICSC relating to such uses.

SECTION 7. Third-Party Links 
ICSC [or any Member] may provide links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by ICSC of the contents on such third-party websites. If you choose to purchase any product or service from a third-party site, your relationship is with that third party. ICSC is not responsible for the content of linked third-party sites. ICSC exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. ICSC shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. You acknowledge your use of these third-party websites is at your sole risk.

SECTION 8. Representations and Warranties 
You represent, warrant and covenant that (a) you will use the App/Website for lawful purposes only, (b) you will not use your account to submit materials of any kind that (i) violate or infringe in any way upon the rights of others, including, but not limited to, copyright, patent or trademark rights, and shall contain no material from other copyrighted or unpublished works that have been used without the written consent of the copyright owner and/or the owner of any other rights to in such other works, (ii) are unlawful, threatening, harassing, abusive, defamatory, vulgar, obscene or profane, as determined in the sole discretion of ICSC, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contain any advertising or solicitation with respect to products or services (without the express prior written approval of ICSC). In the event of a breach of this provision, you shall defend, indemnify and hold ICSC, its officers, directors, employees and agents harmless from any and all claims or causes of action, including, attorneys’ fees and court cost resulting from such breach.

You acknowledge that the Material on the App/Website may contain inaccuracies or typographical errors. We make no representations warranties or endorsements with regard to the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the App/Website and the Material. Advice received via this App/Website should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

SECTION 9. Liability Disclaimers 
You expressly acknowledge and agree that use of the App/Website is at your sole risk. Neither ICSC, its affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that the App/Website will run uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the App/Website. The App/Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, trojan, back door, logic bomb or any other form of malicious code, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that ICSC is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

Section 10. Disclaimers of certain damages
In no event shall ICSC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of, or in any way connected with, the use or performance of the App/Website, the delay or inability to use the App/Website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the App/Website, or otherwise arising out of the use of the App/Website, whether based on contract, tort, strict liability or otherwise, even if ICSC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for or consequential or incidental damages, the above limitation may not apply to user. If you are dissatisfied with any portion of the App/Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the App/Website. Under no circumstances shall ICSC be liable to any user on account of that user’s use of the App/Website. Such limitation of liability shall apply to prevent recovery of any and all damages, including, without limitation, direct, indirect, incidental, consequential, special and exemplary damages arising from any use of the App/Website, including any damages that may be incurred by third parties.

SECTION 11. Indemnity
You agree to defend, indemnify and hold harmless ICSC, its officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from any use of the App/Website and any Material contained therein by you or through your account, or by your breach of the terms of this Agreement. We shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

SECTION 12. General
All legal issues arising from or related to the use of the App/Website shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York, without respect to its conflict of laws principles. By using the App/Website, you agree that the exclusive forum for any claims or causes of action arising out of your use of the App/Website shall be either any state court for or within New York County in the State of New York and the United States District Court for the Southern District of New York. You hereby irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and ICSC with respect to the use of the App/Website. Any changes to this Agreement must be made in writing, signed by an authorized representative of ICSC. The section headings used herein are for convenience only and shall not be given any legal import.

Rev. November 2021

MEMBER SPECIFIC TERMS

This page provides the Terms and Conditions (the “Member Specific Terms” or the “Agreement”) under which any User (“You”) may use the App and/or the ICSC Website. Please read this page carefully. By accessing and using the App/Website, you accept and agree to be bound, without modification, limitation or qualification, by both the General Terms and Conditions for use of the ICSC site, and these additional Member Specific Terms. If you do not accept any of the Terms stated here, you must not use the App/Website. Your use of the App/Website constitutes your agreement to all terms, conditions and notices contained herein or otherwise posted on the Website.

SECTION 1.  Registration
When you become a Member, you receive a greater level of access to our Website or App. Upon being authorized as a Member by ICSC, you will select a password and be assigned an ID number. You will be able to use the same account access details to log in to the App.

You are expressly prohibited from using another User’s ID without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of that User’s authorization. You shall be solely responsible for maintaining the confidentiality of your password.

You shall notify ICSC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of his/her confidential information by email at: web@icsc.com.

SECTION 2. Submissions
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever, that you as a member (collectively “Member Content”), whether publicly posted or privately transmitted, are your sole responsibility. This means that you, and not ICSC, are entirely responsible for all Member Content that you upload, post, email or otherwise transmit via the App/Website.

You shall not transmit Member Content or otherwise conduct or participate in any activities on the App/Website, which, in the opinion of ICSC’s counsel, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities that (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are  the owner of the rights or has the express written permission of the owner to post or transmit such material to the App/Website, (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others, (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity, (4) is sexually explicit, (5) is an advertisement or solicitation of business or advocates an unsolicited or unrelated position or opinion, (6) represents any form of “chain letters” or pyramid scheme, (7) impersonates another person or entity, (8) intentionally or unintentionally violates any applicable local, state, national or international law while using or accessing the App/Website or the Materials or (9) contains a virus, trojan, back door, logic bomb or any other form of malicious code.

You warrant and represent that you have the right to use and license the use of any Member Content and hereby waive all copyright, moral rights and any other right to any Member Content that you submit, and grants to ICSC a royalty-free perpetual irrevocable nonexclusive right and license to use, reproduce, modify adapt, publish, translate perform, display and distribute such Member Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereinafter developed for the full term of any copyright in such Member Content, and to sublicense such rights through multiple tiers of sublicensees.

You also hereby grant all other Users the right to copy, download and store your Member Content for User’s personal use. ICSC does not control Member Content. ICSC has the right but not the obligation to monitor submissions by Users, and reserves the right to modify, move or remove any Member Content at any time and for any reason in its sole discretion, as well as the right to terminate your access to the App/Website for any reason in our sole discretion including, without limitation, foul language, attempted commercial use of the App/Website, threats, discriminatory, racist or abusive language, or any behavior that is deemed objectionable by ICSC.

You are responsible for your own communications and are solely responsible for the consequences of posting any Member Content. ICSC does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a Member about communications that allegedly do not conform to any term of this Agreement, ICSC may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. ICSC has no liability or responsibility to Users for the performance or non-performance of such activities. ICSC reserves the right, in its sole discretion, to restrict Users access to the App/Website for violating this Agreement or the law. ICSC also reserves the right at all times to disclose any information as 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 ICSC’s sole discretion.

ICSC does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any member content or endorse any opinions expressed by users. Each user acknowledges that any reliance on user content posted by other users will be at his/her sole risk.

SECTION 3. The Messages Feature 
All Members will be granted permission to access the messages feature of the App/Website. This feature allows the direct communication between ICSC Members, and it is activated by default. You may deactivate the feature at any time and at your discretion by opting out under the preferences tab.

SECTION 4. The Appointment Feature
All Members will be granted permission to access the appointments feature of the App/Website. This feature allows the scheduling of appointments between ICSC Members, and it is activated by default. You may deactivate the feature at any time and at your discretion by opting out under the preferences tab.

SECTION 5. Communication
We have a legitimate interest in sending you email communications for the purpose of informing Members of changes or additions to the App/Website, this Agreement and any other service provided by ICSC.

SECTION 6. Email Confidentiality Notice
Any email received from an ICSC email address and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, you are hereby notified that any forwarding, disclosure, copying, distribution or the taking of any action in reliance on the contents of such information is strictly prohibited. If you have received an email transmission in error, please promptly notify the sender by reply email and delete the email and attachments from your system.

SECTION 7. ICSC Community Guidelines
Thank you for joining the ICSC Community and Networking Platform. We are dedicated to developing a world-class experience for you to communicate with your peers. To do this, we have a few rules and guidelines to ensure this community remains a place for all to solicit advice, benefit from the combined experience of up to 70,000 members, and participate in conversations about the state of the marketplaces industry.

By joining and using this community, you agree that you have read and will follow these rules and guidelines. Questions should be directed to community@icsc.com.

In order to preserve an environment that encourages both civil and fruitful dialogue, we reserve the right to suspend or terminate membership in this community for anyone who violates these rules.

The Rules

  • Respect others. Focus on the content of posts or messages and not on the people making them.
  • Respect the purpose of the community. Use the community to share successes, challenges, constructive feedback, questions and goals, instead of products or services that you provide. If you have found a product or service helpful, please share your experience with the group and make appropriate disclosures.
  • Use caution when discussing products. Information posted on the discussion groups is available for all to see, and comments are subject to libel, slander and antitrust laws.
  • All defamatory, harassing, abusive, profane, threatening, offensive, vulgar, obscene, sexually explicit or illegal materials are strictly prohibited. Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
  • Respect intellectual property. Post content or messages that you have personally created or have permission to use and have properly attributed.
  • State concisely and clearly the topic of your comments in the subject line. This allows members to respond more appropriately to your posting and makes it easier for members to search the archives by subject.
  • Avoid messaging members excessively or spamming members.

The Legal Stuff
This App/Website is provided as a service for the members of ICSC.  ICSC is not responsible for the opinions and information posted on this App/Website by others. All messages and posts are user-generated content. We disclaim all warranties regarding information posted on this App/Website, whether posted by ICSC or any third party; this disclaimer includes all implied warranties of merchantability and fitness. In no event shall ICSC be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits arising out of, or in connection with, the use or performance of any information posted on this App/Website.

Limitation on Liability
ICSC, its employees, agents, officers and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if any of such persons has been advised of the possibility of such damages. If you are dissatisfied with the App/Website, any materials, products or services on the App/Website, or with any of the App/Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the App/Website.

Do not post any defamatory, abusive, profane, threatening, offensive or illegal materials. Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants ICSC and Users of this App/Website the nonexclusive right and license to display, copy, publish, distribute, transmit, print and use such information or other material.

Messages should not be posted if they encourage or facilitate members to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business or other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects are inappropriate: prices, discounts or terms or conditions of sale; salaries; profits, profit margins or cost data; market shares, sales territories or markets; allocation of customers or territories; or selection, rejection or termination of customers or suppliers.

ICSC does not actively monitor the site for inappropriate postings or messages, and does not on its own undertake editorial control of postings or messages. However, in the event that any inappropriate posting or message is brought to the attention of ICSC, we will take all appropriate action, including, but not limited to, terminating your log in access and/or terminating your Membership.

ICSC reserves the right, in its sole discretion, to terminate access to any User who does not abide by these Guidelines.

Rev. November 2021