USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE ESTABLISHED BY THE WORLD TRADE CENTERS ASSOCIATION ("WTCA")
When you access information provided on wtca.org ("Site"), you acknowledge your agreement to these Terms and Conditions. References to "you" or "your" refer to you as an individual as well as in any representative capacity you may have.
1. SERVICES PROVIDED
2. PROPERTY RIGHTS ON THE SITE AND IN USER-SUBMITTED DATA
2.1 Property Rights on the Site
(a) Subject to these Terms and Conditions WTCA hereby grants to you, the right to access and use the Site for your own internal use. In your use of the Site you agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not use, copy, reproduce, transmit, translate, offer for sale, sell, display, perform, distribute, publish, broadcast, circulate, modify, create derivative works of, disseminate, or commercially exploit the Site without the written consent of WTCA. You also agree not to use the Site for any unlawful purpose.
(b) The Site is the property of WTCA and is protected by applicable copyright, patent, trademark or other intellectual property law. WTCA retains its title, ownership rights, and intellectual property rights in and to the Site. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through the Site.
(c) In the event you use the Site or the links included on the Site to gain access to a World Wide Web site or Internet location or source of information, services, software, or goods of any company, organization, or person other than wtca.org, or to any other Internet location, you acknowledge that such other sites or locations are not under the control of WTCA and agree that WTCA shall not be responsible for any of the information, services, software, or goods or other links found at any such World Wide Web site or Internet location or source of information, services, software, or goods, or for your use of such information, services, software, or goods.
(d) WTCA MAKES NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SITE, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEBSITE NOT UNDER WTCA’S CONTROL (INCLUDING, WITHOUT LIMITATION, WEB SITES LINKED TO THE SITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.
(e) Transmission or use of any material in violation of these Terms and Conditions - or any applicable law, rule or regulation (whether of the United States or other countries) - or in violation of the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
(f) WTCA permits users to include hyperlinks to this Site and its pages to their own sites without having to ask prior permission under the following conditions:
(i) these hyperlinks and/or any associated content must not infringe WTCA's rights, in particular relating to its logo, acronym and intellectual property rights;
(ii) these hyperlinks and/or any associated content must not be used for the promotion of an organization or company, or of any commercial products or services;
(iii) links to this website must appear clearly as such, i.e. with the complete and obvious WTCA URL;
(iv) if you link to this website, you must refrain from creating frames, or using other visual altering tools, around any WTCA page and/or any associated content;
(v) direct links ("deep-linking") to documents published or hosted on this website are not permitted. Permission is only granted to link to the page presenting the book/document on the condition the WTCA URL appears clearly, as specified above;
(vi) once a link to this website has been created, it must be tested to ensure that it works and meets the above conditions, and then a notification email must be sent to email@example.com.
2.2 Property Rights in User Submitted Data
Data, information or other content uploaded directly to, or provided to WTCA to place on, the Site by you ("User Submitted Data") shall be and remain your property (as between you and WTCA). All other information gathered or provided by WTCA (including without limitation usage information and analysis based on User Submitted Data) shall be and remain the property of WTCA ("Site Use Data"). WTCA will retain possession of, and make use of, copies of the User Submitted Data and Site Use Data for the purpose of performing its services and activities worldwide. Subject to the Confidentiality restrictions set forth below, WTCA’s use of the User Submitted Data and Site Use Data may include the display, parsing, modification, reproduction, copying, transmission, translation, performance, publication, broadcast, preparation of derivative works or dissemination thereof, internally by WTCA, and to third parties with whom WTCA does business for advertisement, market research and other commercial purposes. You grant to WTCA all necessary rights and releases required for WTCA to perform and/or promote its services and activities worldwide.
Any User Submitted Data may be viewed by other users of these services and through third-party services and websites. You should only submit User Submitted Data that you are comfortable sharing with other users of this website.
By submitting content to the Site, you also hereby represent and warrant that you have the right to submit content. You take sole responsibility for all the content that you submit to the Site and the consequences of submitting that content. You are responsible for obtaining all necessary rights to submit and distribute content.
3. YOUR INFORMATION
3.2 You shall not upload to the Site any User Submitted Data which:
(i) violates or infringes the rights of any persons, including without limitation rights in copyrights, patents, trademarks or other intellectual property rights;
(ii) is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law; or;
(iii) contains viruses, "worms", "trojan horses" or any other harmful properties, or use the services for, or to further, any illegal purposes.
WTCA reserves the right, in its sole discretion, to edit or delete any User Submitted Data uploaded to the Site.
3.3 When you register for the Site any User Submitted Data may be made public on the Site. Any information that is made public will be searchable by third-party search engines. When content is later removed from this Site, it may still be stored in other users’ computers and removal of that content from this Site will not remove it from those third-party computers. You acknowledge that you are solely responsible for any liability caused by information you have elected to be available in the public domain.
3.4 You agree that your sole remedy against WTCA, in the event you believe your content is displayed to unauthorized persons, is to request us to make changes to your privacy settings.
3.5 It is left to the sole discretion of the WTCA to remove any posted material from the service.
We reserve the right, but are not obligated, to edit or remove any content at any time and without notice, in our sole discretion, including without limitation if we believe that:
(i) the content violates these Terms,
(ii) removal may protect the rights, property or personal safety of Company, the Service, its users and/or the public, or,
(iii) if required to do so by law or requested to do so by any governmental or law enforcement authority.
You agree to indemnify and hold harmless WTCA (and its directors, officers, employees, control persons, suppliers, licensors, licensees and agents "Indemnified Parties") from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to: (a) your breach of any of these Terms and Conditions; (b) your use of the Site and/or any associated content (i) in violation of these Terms and Conditions, (ii) in violation of any rights of WTCA or any third-party , including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation; or (c) information or materials you upload or post to the Site.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 THE SITE IS PROVIDED "AS IS." NEITHER WTCA NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND COMPLETENESS. WTCA AND ITS LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7.2 YOU UNDERSTAND THAT WTCA DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE SITE AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. WTCA MAY DISCONTINUE PROVIDING THE SITE TO YOU AT ANY TIME. YOU AGREE NOT TO HOLD WTCA LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL WTCA OR ITS LICENSEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY OTHER DAMAGES YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, WTCA SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE SITE OF A COMPUTER VIRUS, COOKIE, BEACON, OR ANY OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
8. COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
8.1 You will comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our Site, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our Site.
8.2 This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. No software from this Site may be downloaded or exported (i) into (or to a national or resident of Cuba), Iraq, Libya, North Korea, Iran, Syria, or to any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department's Table of Deny Orders. By downloading or using the 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.
NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
If you are a copyright or other rights owner who believes your rights have been infringed via the Site, then please report the violation to our designated agent by sending written notice by U.S. Mail to General Counsel, World Trade Centers Association, Inc., 120 Broadway, Suite 3350, New York, NY 10271.
Please include the following information in your written notice:
(1) a detailed description of the copyrighted work or other right that is allegedly infringed;
(2) a precise reference to the location of the allegedly infringing material on the Site;
(3) your contact information, including your address, telephone number, and, if available, email address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright or other rights owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright or other rights owner's behalf; and
(6) an electronic or physical signature of the rights owner or someone authorized on the owner's behalf to assert infringement and to submit the statement.
9.1 Notices given by WTCA to you will be given by e-mail, or by a general posting on wtca.org, or by conventional mail. In any matter requiring WTCA’s prior consent, such consent will be considered given only if specifically made in writing by an authorized representative of WTCA. Notices given by you to WTCA may be sent to firstname.lastname@example.org or by conventional mail addressed to World Trade Centers Association, Inc., 120 Broadway, Suite 3350, New York, NY 10271.
9.2 Except as herein provided, no waiver, modification or amendment of any provision of these Terms and Conditions shall be effective against WTCA unless the same is in writing and signed by an authorized official of WTCA. WTCA may modify these Terms and Conditions at any time upon written notice or posting to the Site. You agree that if you access and/or use the Site after notification of changes in these Terms and Conditions, you will be bound by all such changes.
9.3 WTCA’s failure to insist at any time upon strict compliance with any term of these Terms and Conditions, or any delay by WTCA in enforcing these Terms and Conditions, or a continued course of such conduct on WTCA’s part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. If any provision of these Terms and Conditions is declared invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired, and the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that reflects the original intentions of the parties as nearly as possible in accordance with applicable law. These Terms and Conditions will be governed by and construed and enforced in accordance with the substantive law of New York. The parties consent to venue in New York, and to the jurisdiction of competent New York federal courts for all litigation which may be brought with respect to the terms of, and the transactions and relationships contemplated by, these Terms and Conditions.
BY CONTINUING TO USE WTCA.ORG YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS