South Coast Plaza Terms of Use

Last Revised: April 2018

South Coast Plaza (“SCP”, “we” or “our”) welcomes you to its website, www.southcoastplaza.com, or SCP’s other websites, social media pages, and other online locations (collectively, the “Sites”). Use of the Sites is subject to the following Terms of Use (“Terms”), together with the Privacy Policy.

1.  Acceptance of Terms of Use
2. Permitted Users of the Sites
3. Privacy Policy
4. Permitted Uses
5. Proprietary Rights
6. Account Password and Security
7. Your Indemnity of SCP
8. Links to Other Websites
9. Modifications, Suspension and Termination
10. Disclaimers and Limitation of Liability
11. Notice Required by California Law
12. ARBITRATION; Governing Law and Disputes
13. Social media
14. Miscellaneous
15. Photography Policy
16. QUESTIONS?

1.  Acceptance of Terms of Use

By accessing and using the Sites, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Sites or any of their content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITES AND THEIR CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND SCP’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Sites, you signify your acceptance of the then-current Terms.

SCP may make changes to the Sites, content, products, services or features of the Sites at any time. You understand and agree that SCP may discontinue or restrict your use of all or any part of the Sites at any time for any reason or no reason with or without notice.

2. Permitted Users of the Sites

In consideration of your use of the Sites, you represent that you are of an age to form a legally binding contract (except as provided in the following paragraph) and you are not prohibited from accessing or using the Sites or receiving services under the laws of the United States or any other applicable jurisdiction.

The Sites are directed to persons 13 years of age or older. SCP and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to SCP on the Sites or offline. If you provide information to SCP through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Sites, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe SCP may have inadvertently collected personal information from your child, please notify SCP immediately by sending an email to info@southcoastplaza.com detailing the basis of your belief and your request.

3. Privacy Policy

Please review the Privacy Policy for the Sites, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to access or use the Sites.

4. Permitted Uses

The content available through the Sites, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”) is the sole and exclusive property of SCP, its licensors, or other content providers.

The Content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

Special terms may apply to some products, services or features offered on the Sites, or to any events, promotions, sweepstakes, contests, surveys, questionnaires, or other activities (collectively, “Activities”) that may be offered on the Sites, SCP’s other websites or social media pages, or offline. Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

5. Proprietary Rights

You acknowledge and agree that, as between SCP and you, all right, title, and interest in and to the Sites and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by SCP, or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.

Copyright: All Content is the copyright and property of SCP or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Sites or the Content other than as expressly authorized by SCP in writing.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to SCP or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors. Third party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement, or recommendation of SCP by the respective trademark owners, or by SCP of the respective trademark owners. Without limitation, South Coast Plaza® and the South Coast Plaza Design ® are trademarks registered in the United States Patent and Trademark Office and owned by SCP and/or its licensors.

6. Account Password and Security

The Sites may contain features that require registration of a username and password. If so, you are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify SCP of any unauthorized use of your password or account or any other breach of security. SCP is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.

7. Your Indemnity of SCP

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SCP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS AND SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM (collectively, the “SCP Parties”), AND EACH OF THEM, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), WHETHER INCURRED BY OR MADE AGAINST A SCP PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITES OR THEIR CONTENT; (B) YOUR DEALINGS IN CONNECTION WITH THE SITES; (C) YOUR SUBMISSION(S) OR ANY CONTENT OR MATERIALS YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO OR THROUGH THE SITES OR SCP; (D) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF SCP OR ANY THIRD PARTY; OR (E) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.

8. Links to Other Websites

The Sites may contain advertisements, postings and links to websites operated by other parties. The Sites provide these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of SCP which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply SCP’s endorsement of information, material, products or services of any other party or any other website, or by any other party of SCP. SCP disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that SCP is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

9. Modifications, Suspension and Termination

SCP reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Sites, Content or Activities, or any portion thereof, with or without notice. You agree that SCP will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, Content or Activities.

SCP reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that SCP shall not be liable to you or any third party for any such suspension, discontinuance or termination.

10. Disclaimers and Limitation of Liability

THE SITES AND ALL CONTENT ON THE SITES, AND ANY PORTION THEREOF, ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SITES, ITS CONTENT OR ANY PORTION THEREOF. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK.

SCP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCP AND ALL OF THE SCP PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, STATUTORY LIABILITY, OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO, OR CONNECTED WITH ACCESS TO OR USE OF THE SITES OR THE CONTENT, EVEN IF SCP OR ANY OF THE SCP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law. If it is finally determined by a Court of law that the limitation of liability set forth in this Section 10 does not apply to you, then you agree that SCP’s total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00).

11. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is South Coast Plaza, 3333 Bristol Street, Coast Mesa, CA 92626, 1-800-782-8888. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info@southcoastplaza.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

12. ARBITRATION; Governing Law and Disputes

Agreement to Arbitrate: YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND SCP ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, THE SITES OR THEIR CONTENT WILL BE DECIDED ONLY BY ARBITRATION.

Governing Law: The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California, U.S.A..

Waiver of Certain Types of Actions: You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with the claims of any other person and you agree not to participate in any claim brought by other persons, whether in arbitration or litigation; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other person; and (iv) you have no right or authority for any dispute to be brought, heard or arbitrated as a private attorney general action. To the extent that the foregoing sentence or any portion thereof is found to be unenforceable, and if such a finding allows for your claims to be brought on non-individual, class action, collective action, representative or private attorney general basis, you and SCP agree that such claims will not be decided in arbitration and must be litigated in a civil court of competent jurisdiction.

Waiver of Jury Trial: BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU WILL NOT HAVE THE RIGHT TO A TRIAL BY JURY WITH REGARD ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SITES, THEIR CONTENT OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.

Use of the Sites Outside of the United States: The Sites are controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Sites from locations outside of 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. SCP does not represent that the Sites or Content is appropriate outside the United States of America. SCP reserves the right to limit the availability of the Sites for any person, geographic area or jurisdiction at any time in its sole discretion.

13. Social media

We invite you to interact with SCP through our social media pages and feeds, such as Facebook, Twitter, Instagram, WeChat and Weibo. We encourage you to participate in existing discussions and to start new discussions with SCP and other SCP fans. Please review this Terms of Use and our Privacy Policy, as well as the terms and privacy policy of the applicable social media platform, prior to interacting with SCP or other SCP fans through SCP’s social media pages or feeds. If you do not agree with our Terms of Use or Privacy Policy, or the terms and privacy policy of the applicable social media platform, you may not interact with or otherwise participate in SCP’s social media pages or feeds. Please remember that our social media pages and feeds may contain content contributed by third parties (“User Content”). All User Content is strictly that of the originating author, who shall be solely responsible for such content. SCP may or may not screen, review, monitor or respond to any User Content, and is not responsible for the accuracy or truthfulness of any User Content. However, SCP reserves the right to edit, block, or remove any User Content at any time for any reason, in its sole discretion. Use of or reliance on User Content is entirely at your own risk, and SCP assumes no responsibility for such content,

14. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. SCP’s failure to act with respect to any failure by you or others to comply with these Terms does not waive SCP’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and SCP with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Sites must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of SCP, and any assignment or transfer in violation of this provision shall be null and void. SCP reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Sites, including without limitation the right to block access from a particular internet address.

15. Photography Policy

By attending an event at or visiting South Coast Plaza shopping center, you consent (for yourself and your minor child(ren) with you, if any) to be photographed, recorded, filmed or live streamed, and for South Coast Plaza, its tenants and event and promotional sponsors, and their affiliates and agents to use the photographs, recordings, films and live stream for promotional purposes in any media now known or later developed without compensation. Please see our Privacy Policy.

Commercial photography and filming at South Coast Plaza shopping center is only allowed with prior written permission from South Coast Plaza. To make a request, please contact info@southcoastplaza.com.

16. QUESTIONS?

If you have any questions or concerns regarding these Terms, please contact us at info@southcoastplaza.com.