CF SHOP! APP

TERMS OF SERVICE

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Last Updated: November 19, 2016

The terms (“Terms of Service”) and the Privacy Statement govern your access and use of CF SHOP! mobile application (“CF SHOP!” or “Application”).

The Terms of Service may be updated frequently, and we encourage you to review it each time you use CF SHOP!.

By accessing and using CF SHOP!, you agree to be bound by all the Terms of Service. If you do not agree with the Terms of Service, your sole recourse is to discontinue use of CF SHOP! immediately. Please review our Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

Highlights of the Terms of Service


CF SHOP! APP

TERMS OF SERVICE

Last Updated: November 19, 2016.

The following terms (“Terms of Service”) and the Privacy Statement govern your access and use of the CF SHOP! mobile application (“CF SHOP!” or “Application”).

These Terms of Service may be updated frequently, and we encourage you to review them each time you use CF SHOP!.

By accessing and using CF SHOP!, you agree to be bound by all the Terms of Service set forth herein. If you do not agree with these Terms of Service, your sole recourse is to discontinue use of CF SHOP! immediately. Please review our Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

ABOUT CF SHOP!

OWNERSHIP/RESTRICTIONS ON USE

ACCOUNT REGISTRATION

LICENSE TO USE

CODE OF CONDUCT

USER UPLOADS AND CONTENT

INTELLECTUAL PROPERTY INFRINGEMENT

THIRD-PARTY WEBSITES AND SERVICES

NO WARRANTIES

LIMITATIONS OF LIABILITY

INDEMNIFICATION

MINORS

CHOICE OF LAW AND FORUM

GENERAL

CHANGES & TERMINATION

About CF SHOP!

CF SHOP! is the best way to make the most of your next trip to a Cadillac Fairview mall. CF SHOP! is the only official app for Canada’s premier collection of shopping malls. Get interactive maps, store info and promotions.

Ownership / Restrictions on Use

CF SHOP! is owned and operated by Cadillac Fairview Corporation Limited (references to “Cadillac Fairview”, “we”, “us”, “our” are references to Cadillac Fairview Corporation Limited). All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on CF SHOP! or available via a link from the Application to a page created by Cadillac Fairview on another website (collectively, the " Content"), are the sole property of Cadillac Fairview and/or its licensors. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.

© Cadillac Fairview Corporation Limited, 2014. All rights reserved.

Use of the Content for any purpose not expressly permitted in these Terms of Service or otherwise consented to by Cadillac Fairview is prohibited. You may download or print one copy of the Content to any single device and use one copy of the Content in connection with a cloud-based service provided in each case the copy of the Content is for your personal, non-commercial, informational use only and provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Cadillac Fairview. To obtain written consent for such reproduction, please contact us at: cfshop@cadillacfairview.com

Account Registration

You do not need to create an account to use some of the features of CF SHOP!. You do not need to create an account to use some of the features of CF SHOP!.. You can create an account by providing an email address and password, or by connecting to your Facebook. You agree to provide true, current, complete and accurate information as requested, and to update that information as soon as possible after any information on such registration changes.

You alone are responsible for keeping your account log-in information confidential, and for any and all activity that occurs on CF SHOP! using that account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Licence to Use

CF SHOP! is licensed, not sold. We grant you a non-exclusive, non-transferable, limited licence to install CF SHOP! on any single mobile device, tablet, or similar technology solely to be used in connection with our services for your private, personal, use. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our service providers. You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble the Application in whole or in part, including any attempts to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Application. You may not use or export or re-export the Application except as permitted under the laws of the Canada and the United States and the laws of the jurisdiction in which the Application was obtained.

We may automatically check your version of the Application and notify you of improvements to its performance and capabilities.

Code of Conduct

You agree to abide by all applicable federal, provincial, territorial and other laws and regulations.

In addition, without limiting the foregoing, you agree not to use CF SHOP!, including using the Application to share any content or to communicate with Cadillac Fairview, in any manner that:

  1. infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);
  2. is unlawful, fraudulent or deceptive, or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  3. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  4. for the purpose of misleading others, causes the creation of a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Application;
  5. impersonates any person or entity, including, but not limited to, a Cadillac Fairview employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. causes the upload of any content that contains any form of destructive software;
  7. uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of the Application;
  8. copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Application;
  9. attempts to gain unauthorized access to the Application, other computer systems or networks connected to the Application;
  10. takes any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  11. interferes with or disrupt networks or servers connected to the Application; or
  12. facilitates or encourage any of the above conduct.

You are responsible for the actions of any third party that you allow access to your account.

User Uploads and Content

We allow users to use CF SHOP! to post updates and other information to a connected third party service, such as Facebook or Twitter. You retain all ownership and intellectual property rights in and to any data uploaded to CF SHOP! (“Your Content”) and/or shared via the Application, such as photographs, item descriptions, customized shopping lists, and posts to a connected social media account. By submitting Your Content you warrant and represent that Your Content:

  1. is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright or you have a licence from the owner of Your Content and permission to upload Your Content; and
  2. all individuals appearing in Your Content have granted to you a worldwide assignable and sub-licensable licence in perpetuity to publish, display, reproduce, modify, edit or otherwise use Your Content.

By using CF SHOP!, you grant Cadillac Fairview a worldwide, limited, royalty-free, irrevocable, transferable and sub-licensable license to use, reproduce, publish, and display Your Content in whole or in part, without charge, for any purpose, including advertising or publicity/promotional purposes. For example, if you share content on a third party service, such as Facebook or Twitter, through the Application, Your Content may be featured by Cadillac Fairview in promotional communications.

You agree to indemnify and hold harmless Cadillac Fairview from any claims arising from or related to a breach of these warranties and representations, and you waive any and all moral rights that you may have in Your Content.

Third-Party Websites and Services

We may offer links on CF SHOP! to websites owned and operated by third parties, such as certain retail stores or other partners. We provide these links as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to CF SHOP!, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

CF SHOP! may include a feature that enables you to share Your Content from the Application with a third party, such as Facebook or Twitter, which may be publicly posted on that third party's service or application. This will require you to log in to your account on the third-party service. CF SHOP! does not control these third party services or any of their content and is not responsible or liable for any such third-party services or features or for their availability. Your use of these third party services or application is at your own option and risk, and you hold CF SHOP! harmless for activity related to the use of these services. Please remember that any information you disclose on a third party service may cause personal information to become publicly disclosed and/or associated with you, so it is important for you to carefully consider what, if any, personal information you choose to share.

We may also offer links to Content created by us and available on other websites. If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those websites while you are visiting them.

No Warranties

Although we strive to update and keep accurate as much as possible the Content contained on CF SHOP!, errors and/or omissions may occur.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING THE APPLICATION. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS

YOUR USE OF CF SHOP! IS AT YOUR OWN RISK. CF SHOP! IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO CF SHOP! WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT CF SHOP! IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CADILLAC FAIRVIEW DISCLAIMS ALL WARRANTIES WITH RESPECT TO CF SHOP!, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES WILL CADILLAC FAIRVIEW BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CADILLAC FAIRVIEW DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE APPLICATION.

Indemnification

By using CF SHOP! you agree to defend, indemnify and hold harmless Cadillac Fairview, its licensors, contractors, agents and partners and their respective employees, officers, directors, contractors, agents and partners from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of the Application, connection thereto, or any alleged violation by you of these Terms of Service.

Minors

You should be at least thirteen (13) years old to use CF SHOP! and you should have your parent’s consent if you are under the age of majority in your province or territory of residence. Cadillac Fairview reserves the right to confirm such consent at any time and to discontinue your use of CF SHOP! should such consent not be granted.

Choice of Law and Forum

Not applicable in some jurisdictions, including Quebec. These Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue. By using CF SHOP!, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

General

These Terms of Service constitute the entire agreement between you and us with respect to your use of CF SHOP!. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

Changes & Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, CF SHOP! (or any part thereof) with or without notice. If you wish to terminate your account, you may delete CF SHOP! or other software that you may have downloaded from us. If you terminate your account, you will no longer be able to access any information you have uploaded or created in your account.

We may amend these Terms of Service by posting revisions in CF SHOP! with no additional notice to you. Please check back frequently to see the Terms of Service then in effect. Your continued access to and use of CF SHOP! will constitute acceptance of the amended Terms of Service. If you do not agree with these Terms of Service, or any future amendments, your sole recourse is to cease use of CF SHOP!.

If you have any questions regarding these Terms of Service please contact cfshop@cadillacfairview.com.