TISHMAN.COM TERMS AND CONDITIONS
Last updated May 12, 2008
This web site, located at the URL www.tishman.com (the "Site"), has been developed and is controlled and maintained by Tishman ("Tishman," "we," "us, "or "our"). Unless explicitly stated otherwise, any new features or webpages that augment or enhance the Site in the future shall be considered part of the Site and subject to the terms and conditions governing the Site. By using this Site, you agree to be bound by each of the terms and conditions set forth herein and any amendments thereto (the "Terms and Conditions"). If you do not agree to these Terms and Conditions, please exit the Site immediately. From time to time, these Terms and Conditions may be changed, expanded or amended, and may include the introduction of additional Terms and Conditions for certain Site features. Any changes to these Terms and Conditions will be made without notice, and be effective immediately upon posting on the Site, so please make sure that you review them on an ongoing basis. The "Last Updated" date at the top of this document will indicate when the latest changes were made to these Terms and Conditions. In addition, when using particular services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
Please note that while this Site is owned and operated by Tishman, the services and projects described in this Site are in fact performed, owned or operated by various separate subsidiaries or affiliates of Tishman and, in some cases, our clients. Clients contract with individual Tishman subsidiaries or affiliates for services depending, in part, on the nature of and geographic location of the services and project.
Permitted Use & Proprietary Rights
Tishman is a developer, owner and operator of hotels in the United States. To assist you in learning more about Tishman, this Site includes samples of our past work, listings of our current clients and projects, information regarding our services, biographies of our professionals and postings of our current employment opportunities. All materials on this Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, commercials, videos and other elements making up this Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us, our clients, or by other parties that have licensed or otherwise provided their material to us. You acknowledge and agree that all Content on this Site is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. To request permission from us, please contact email@example.com. We cannot guarantee that we can accommodate your request, and our granting of your request may be conditioned on payment of additional fees and execution of a license agreement. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize this Site or any part of the Content for any purpose other than its original, intended purposes is strictly prohibited. We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on this Site, in our sole discretion.
Linked Web Sites
In the event you make a submission to us, including without limitation, any notes, postings, ideas, suggestions, concepts, stories, photos, or other material through this Site or otherwise ("Submission"), you agree that Tishman has a fully paid up, royalty free, worldwide, perpetual limited license to use the Submission in any manner we deem appropriate, and we may use such Submission in any form and manner in any media, whether now known or hereafter devised, and you will not have any claim against us with respect to such use. Further, you agree that we have sole right, title and interest in any and all derivative works that Tishman, its agents or affiliates create as a result of your Submission. You acknowledge and agree that Tishman may create or has created Content on its own that may be similar or identical in theme, idea, plot, format or other respects to your Submission, and you waive any and all claims you may have had, may have, and/or may have in the future, that any such content may be similar to ideas and materials you submit. Any dispute concerning your Submission will be handled in accordance with the "Resolution of Disputes" Section that follows. You hereby agree that any resumes, applications or other employment related materials you submit may be used by us in any manner that we, at our sole discretion, deem necessary to facilitate consideration of these materials, subject to applicable laws.
Resolution of Disputes
You agree that any dispute in any way arising out of or related to these Terms and Conditions, or any claim by you of any kind that Tishman or any of its parents, subsidiaries, agents and affiliated entities, and each of their respective officers, directors, members, partners, employees and authorized agents (collectively, the "Tishman Parties"), has used any Submission by you, or that anything done by Tishman or any of the Tishman Parties infringes your copyright or trademark or any other rights in your Submission, as well as any dispute as to the arbitrability of any such controversy or claim, shall be resolved solely by mandatory arbitration. In this regard, you agree and acknowledge that: a. Arbitration shall be final and binding on the parties ("Arbitration"), and that judgment thereon may be entered in any court of competent jurisdiction ; b. Any Arbitration pursuant to this agreement shall be conducted in New York City before a single arbitrator familiar with the advertising industry and pursuant to the American Arbitration Association's ("AAA") commercial arbitration rules; c. You and Tishman are waiving any respective rights to seek remedies in court, including the right to a jury trial; d. If it is determined by the arbitrator that Tishman or any of the Tishman Parties improperly used a Submission, or any part thereof, without your consent, or infringed any of your rights in a Submission, including but not limited to copyright or trademark rights, you agree that the sole remedy that can be awarded in any Arbitration against Tishman or any of the Tishman Parties shall be a monetary award in the amount that Tishman has paid for a similar use of comparable material (or, if Tishman has not previously used comparable material, an amount equal to a standard fee in the advertising industry for such material), and you expressly waive any right to any other form of relief, including but not limited to injunctive relief, any form of punitive damages or any alternate calculation of damages; and e. The prevailing party in any Arbitration pursuant to these Terms and Conditions will be entitled to recover its costs and expenses, including reasonable attorneys' fees and experts' fees, which may be incurred in connection with such Arbitration.
You agree not to (i) use this Site, the Content, or any products or services included on or available through this Site for any unlawful purpose, (ii) restrict or inhibit any other user from using and enjoying this Site, including by means of disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users of the Site are able to type, hacking or defacing any portion of the Site, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or otherwise acting in a manner that negatively affects other users' ability to engage in real time exchanges; (iii) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; (iv) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content on the Site.
Infringement and Regulatory Complaints
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission, please provide the following information to our Copyright Agent identified below. Please ensure that your notice contains the following:
Our Copyright Agent can be reached as follows:
100 Park Avenue
New York, New York 10017
Attention: Legal - Copyright
Disclaimer of Warranties
This site and all content, products and services included on or available through this site are provided on an "as is" and "as available" basis. You agree that your use of this site and any product or service purchased or acquired through this site is at your sole risk. We, each of the tishman parties, as well as our vendors, licensors, sponsors and advertisers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose or non-infringement. We make no warranty: (i) that use of this site or any content or services on or from the site (including any software) will be uninterrupted, timely, accurate, secure or error free; (ii) that this site will be available at any particular time or location; (iii) that any errors on this site will be corrected; or (iv) that the servers on which the site, content and services are available are free of viruses or other harmful components.
Limitation of Liability
Under no circumstances shall we, any of the tishman parties, or our vendors, licensors, sponsors or advertisers, be liable for any direct, indirect, incidental, consequential, special or exemplary damages (even if such party has been advised of the possibility of such damages), including, without limitation, any lost profits, revenue, or business interruption, or loss of computer programs or data arising from (i) your use of or inability to use this site, or (ii) content, products, information and/or services included on or available through the site. Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you in its entirety.
The Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. Tishman controls and operates the Site from its offices located in the State of New York in the United States of America. Tishman makes no representation that Content contained on the Site is appropriate or available for use in jurisdictions outside the United States, or that the Terms and Conditions comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.
If you have any comments or questions regarding these Terms and Conditions, or wish to report any violation of these Terms and Conditions, please contact us at Legal@Tishman.com. We will address any issue to the best of our abilities as soon as possible.
These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The failure of Tishman to insist upon strict adherence to any term or condition shall not constitute a waiver of such term and shall not be considered a waiver or limit Tishman's right thereafter to insist upon strict adherence to that term or any other term of this policy. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Site must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
© 2008 Tishman. All rights reserved.