VI. Responsibility for User-Generated Content Posted on or Through this Site, You are responsible for UserGenerated Content that you post. The term "User-Generated Content" refers to all of the Content that you poston or through this Site using the social networking tools we make available to you and that do not constituteFeedback (defined below). One way that User-Generated Content differs from other information you provide tous is that, once submitted, User-Generated Content is made available instantaneously to others. Examples ofUser-Generated Content include comments posted to discussion boards. Under no circumstances will we beliable in any way for any User-Generated Content.
Because we do not control the User-Generated Content posted on or through this Site, we cannot and do notwarrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You alsoagree and understand that by accessing this Site, you may encounter User-Generated Content that you mayconsider to be objectionable. We have no responsibility for any User-Generated Content, including withoutlimitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim wasincurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted or otherwise madeavailable on or through this Site. The User-Generated Content posted on or through this Site expresses thepersonal opinions of the individuals who posted it and does not necessarily reflect the views of WPGLP or anyperson or entity associated with WPGLP.
You own User-Generated Content, but we may use it. You own the copyright in any original User-GeneratedContent you post. We do not claim any copyrights in User-Generated Content. However, by using this Site youare granting us and our subsidiaries, affiliates, vendors, successors and assigns, a nonexclusive, fully paid,worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense throughunlimited levels of sub-licensees) to use, copy, modify, distribute, publicly display and perform, publish,transmit, remove, retain, repurpose, and commercialize User-Generated Content you post in any and all mediaor form of communication whether now existing or hereafter developed, without obtaining additional consent,without restriction, notification, or attribution, and without compensating you in any way, and to authorize othersto do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish tolicense to us, including any confidential information or product ideas.
We may disclose and/or remove User-Generated Content. WPGLP reserves certain rights. We reserve the right(but do not assume the obligation) to:
You agree that our exercise of such discretion shall not render us the owners of User-Generated Content youpost, and that you will retain ownership thereof as described above.
Violation of copyrights. WPGLP does not knowingly violate or permit others to violate the copyrights of others.We will promptly remove or disable access to material that we know is infringing or if we become aware ofcircumstances from which infringing activity is apparent. If you are requesting removal of content because of aviolation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA"), asamended and supplemented, provides recourse for copyright owners who believe that material appearing on theInternet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a thirdparty for whom you are authorized to act, is featured on this Site or has been otherwise copied and made availableon this Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice mustbe in writing and must include:
Your statement must be addressed as follows:By Mail: Washington Prime Group, L.P. 180 East Broad Street, 21st Floor Columbus, Ohio 43215 Attn: General CounselBy Email: email@example.com.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply withrequirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon usactual knowledge of facts or circumstances from which infringing material or acts are evident.
XI. Trademarks. The WPGLP names and logos, all product and service names, all custom graphics, all buttonicons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, aretrademarks (whether registered or not), service marks and/or trade dress of Washington Prime Group, L.P. (the"WPGLP Marks"). All other trademarks, product names, company names, logos, service marks and/or tradedress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respectiveowners. You are not authorized to display or use the WPGLP Marks in any manner without our prior writtenpermission. You are not authorized to display or use trademarks, product names, company names, logos, servicemarks and/or trade dress of other owners featured within this Site without the prior written permission of suchowners. The use or misuse of the WPGLP Marks or other trademarks, product names, company names, logos,service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expresslyprohibited.
X. Your Obligations. In consideration of your use of this Site, you agree that to the extent you provide PersonalInformation to WPGLP it will be true, accurate, current, and complete and that you will update all PersonalInformation as necessary. If you submit a leasing application through the Site, you agree that it and anysupporting contents will be true, accurate, current, and complete. You agree to use this Site in a manner consistentwith any and all applicable rules and regulations. You agree not to upload or transmit through this Site anycomputer viruses, trojan horses, malware, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of anyinformation, or any interference with the availability of or access to this Site is strictly prohibited. We reserveall rights and remedies available to us.
XI. Disclaimers. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITEOR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGHTHIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) AREPROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS ORWARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WPGLP, ITSAFFILIATES, AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALLREPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE,CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITHRESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE ORPROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,WPGLP, ITS AFFILIATES, AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ALLREPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT,MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THESECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE ORCURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION ORERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONSSENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS(INCLUDING VIRUSES).
WPGLP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE ANDOPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED WPGLP SPOKESPERSONS. WE DONOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONSCONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF WPGLP. WE DONOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OFDELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZEDSETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS,DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THISCLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL ORPART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
XII. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ONBEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS ANDSERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSESOF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANYDIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIALDAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME ORPROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSESOF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOUASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UPAND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITYAPPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDINGNEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID ORUNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEDPARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOTEXCEED TEN DOLLARS ($10.00).
XIII. Links to Third-Party Web Sites. This Site may provide links to other Web sites operated by third parties.Because we have no control over third-party Web sites, we are not responsible for the availability of those Websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or othermaterials on or available from such Web sites. WPGLP shall not be responsible or liable, directly or indirectly,for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on anycontent, advertising, services, products, or other materials on or available from such Web sites. These Terms ofUse do not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms andpolicies of the owner of such Web sites.
XIV. Modification and Discontinuation. We reserve the right at any time and from time-to-time to modify, edit,delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or theinformation, materials, products and/or services available through this Site (or any part thereof) with or withoutnotice. You agree that we shall not be liable to you or to any third party for any such modification, editing,deletion, suspension or discontinuance of this Site.
XV. Forward-Looking Statements. This Site may contain certain forward-looking statements within the meaningof Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of1934, as amended. Such statements are based on assumptions and expectations that may not be realized and areinherently subject to risks and uncertainties, many of which cannot be predicted with accuracy. Future eventsand actual results, financial and otherwise, may differ from the results discussed in the forward-lookingstatements. Risks and other factors that might cause differences, some of which could be material, include, butare not limited to, economic and market conditions, tenant bankruptcies, bankruptcies of joint venture (JV)partners, rejection of leases by tenants in bankruptcy, financing and development risks, construction and lease-up delays, cost overruns, the level and volatility of interest rates, the rate of revenue increases versus expenseincreases, the financial stability of tenants within the retail industry, the failure of WPGLP to make additionalinvestments in regional mall properties and redevelopment of properties, the failure to acquire properties as andwhen anticipated, the failure to fully recover tenant obligations for common area maintenance (CAM) taxes andother property expenses, failure to comply or remain in compliance with covenants in the Company’s debtinstruments, failure or inability to exercise available extension options on debt instruments, failure of WPGLPto qualify as a real estate investment trust, termination of existing JV arrangements, conflicts of interest with theCompany’s existing JV partners, failure to achieve projected returns on development properties, the failure tosell malls and community centers and the failure to sell such properties when anticipated, the failure to achieveestimated sales prices and proceeds from the sale of malls, increases in impairment charges, additionalimpairment charges, as well as other risks listed in our news releases and other public pronouncements,including, but not limited to information published on the Site.