World Trade Center Site Memorial Competition
 
Terms of Use

1. Definitions.
"LMDC Website" refers to the Website(s) of the Lower Manhattan Development Corporation ("LMDC") on the World Wide Web of the Internet at www.renewnyc.com, www.wtcsitememorial.org and www.lmdcresidentialgrantprogram.com or such other Website address(es) designated by LMDC. The LMDC Website consists of information and content provided by or on behalf of LMDC and other third parties. "User" means each person who accesses, views or uses the LMDC Website.

2. General.
(A) This Terms of Use sets forth the terms and conditions that apply to use of the LMDC Website by each User. By using the LMDC Website, User consents to and agrees to comply with all of the terms and conditions hereof. Each User is responsible for all use by such User of the LMDC Website.

(B) LMDC shall have the right at any time to change or discontinue the LMDC Website or any aspect or feature thereof, including, but not limited to, the hours of availability, the equipment needed for access or use and any content.

3. Changed Terms and Conditions.
LMDC shall have the right in its sole discretion at any time to change or modify the terms and conditions applicable to User's use of the LMDC Website, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the LMDC Website or upon any other notice to User, whichever is earlier. Any use of the LMDC Website by User after such posting or notice shall be deemed to constitute the consent and agreement of User to access and use the LMDC Website in accordance with such changes, modifications or additions.

4. LMDC Website Content.
(A) The LMDC Website contains various types of information, including, but not limited to, text, photographs, images, illustrations, audio clips and video clips (collectively, the "Content"). The LMDC Website and the Contents are protected by copyright pursuant to applicable copyright laws and nothing herein shall be construed as granting User any rights in, to or under any copyrights in the LMDC Website or the Content. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, the LMDC Website or any of the Content in whole or in part, except as provided in Section 4(B) of this Terms of Use. In addition, User agrees to abide by all copyright notices, information, or restrictions contained on the LMDC Website or posted in connection with any Content.

(B) User may download or copy the Content and other downloadable items displayed on the LMDC Website solely for personal, noncommercial, informational purposes only. User agrees to maintain in unmodified form all copyright and other proprietary notices (such as trademark legends) contained in any such Content that is downloaded and provide proper notices and attribution to the extent that no such notices are contained therein. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of LMDC and any applicable copyright owner if other than LMDC. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights or any other rights by downloading copyrighted material.

5. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT THE LMDC WEBSITE IS MADE AVAILABLE BY LMDC FOR USER'S CONVENIENCE AND THAT USE OF THE LMDC WEBSITE IS AT USER'S SOLE RISK. NEITHER LMDC NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE LMDC WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LMDC WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OWNERSHIP OF CONTENT OR ANY OTHER INFORMATION OR SERVICE PROVIDED THROUGH THE LMDC WEBSITE.

(B) THE LMDC WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT 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 TERMS OF USE.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY COSTS, DAMAGES, LOSSES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, 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. USER SPECIFICALLY ACKNOWLEDGES THAT LMDC 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 USER.

(D) IN NO EVENT WILL LMDC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE LMDC WEBSITE OR THE LMDC WEBSITE SOFTWARE, BE LIABLE FOR ANY COSTS, DAMAGES LOSSES OR INJURY, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE LMDC WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE LMDC WEBSITE.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE, LMDC, ITS INFORMATION PROVIDERS AND CONTENT PARTNERS SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR INFRINGEMENTS BY, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

6. Indemnification.
User agrees to defend, indemnify and hold harmless LMDC, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the access to or use of the LMDC Website by User.

7. Termination.
LMDC may terminate this Terms of Use at any time.

8. Miscellaneous.
This Terms of Use and any operating rules for the LMDC Website established by LMDC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Terms of Use is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Terms of Use shall remain in full force and effect.