This License agreement (the "AGREEMENT") is made between Shopping Center
Database Inc. and between the individual, company, organization or other legal
entity on whose behalf this Agreement is accepted (hereinafter “Subscriber”)and
is effective at the date of activation. By clicking the “PROCEED TO CHECKOUT”
button below, or otherwise requesting and using the
Service, you agree as Subscriber or agree on behalf of Subscriber both to be
bound by the terms
of this Agreement that follow and to become a party of it. If you do not agree
to the terms of this you must not request, download or use the Service.
1. TERM
The term of this Agreement shall commence upon the date of the e-mailed
confirmation and
issuance of Password and User ID (the “Effective Date”) and shall continue in
force for a period of
one year unless extended or earlier terminated by mutual agreement, or
terminated pursuant to
the terms of this Agreement. Subscriber may renew the Agreement by
executing a
renewal form
provided by Shopping Center Database Inc. (either online or in writing)
and
paying the then discounted current annual subscription fee for the Service;
provided that Shopping Center Database Inc. reserves the right to accept or
decline any renewal. Any renewal accepted by Shopping Center Database Inc. shall
not be effective until payment is received and shall continue until the next
anniversary of the Effective Date.
2. COPYRIGHT: This Database and web site (www.plainvanillashell.com) is
protected by United States, Canadian and international copyright
and intellectual property laws. All rights to the Database and web site are
owned by Shopping Center Database Inc.. By using the Data, you do not
become the owner of the Data, but are entitled only to use it in accordance
with the terms and conditions of this Agreement.
3. RESTRICTIONS: No transfer of licensed material to any third party is
allowed. You may not use the Licensed Materials for the purpose of providing
any services to other parties, whether or not for profit, including but not
limited to: providing mailing lists, sales prospecting lists, survey lists,
broadcast faxes, broadcast e-mail, publishing of directories, or any other
information or consulting service which provides or prepares information
via computer. You may not use, copy, distribute, translate, transmit,
merge, modify, transfer, adapt, loan, rent, lease, assign, share,
sub-license or make available to another party, the Data in any way, except
as expressly provided for in this Agreement. You must take all necessary
precautions to prevent anyone else from violating the terms of this
Agreement. This section shall survive the termination of this Agreement.
4. MONITORING OF USAGE: Shopping Center Database Inc. retains the right
to monitor all accounts to determine the amount of usage and the types of
searches being conducted, including the monitoring of selected records
within the Database.
5. LICENSE REQUIREMENTS: Shopping Center Database Inc. requires each
individual user required to purchase a license for each user within your
organization. Licenseing is based on the total number of individual users
within your organization, not simultaneous or concurrent users. Additional
users can be purchased at a special additional seat price and activated
immediately. Please contact us for further details. It is the licensee’s
responsibility to manage and enforce the total limit.
6. LICENSE TERMINATION: License agreements are renewed on
an annual basis. This service expires 12 months after the date of
activation and is renewable at a discounted renewal price. Data extracted,
exported, printed or in any other format can not be used in any way if your
account has expired, you violate this license agreement, or your account is
not in good standing.
7. DATA CONDITIONS: Except as specifically provided herein, Shopping
Center Database Inc. provides the licensed material "AS IS". Shopping
Center Database Inc gives no other express or implied warranties,
representations, promises or guarantees of any kind, statutory or
otherwise, with respect to the licensed material, its functions, contents,
or user documentation. While Shopping Center Database Inc. makes every
effort to keep the database complete, accurate and up to date, the entire
risk as to the quality and performance of the licensed material and the
results from use is with you. You assume all responsibility for selection
of the Data Subsets needed to achieve your intended results, and for the
use of and results obtained from the Data Subset.
8. LIMITATION OF LIABILITY: In no event will Shopping Center Database Inc. be
liable for any damages including but not limited to, any lost profits, lost
savings, indirect, special, incidental, economic or consequential damages,
arising out of the use, or inability to use the licensed materials, or for claim
by any other party. In no case will Shopping Center Database .com and,Shopping Center Database Inc, be liable, in any kind of legal claim in any way
connected with the use of theShopping Center Database Inc web site or the Database, for more
than the amount paid by you for the use of the Data. Shopping Center Database Inc entire liability and your
exclusive remedy shall be at the option of Shopping Center Database Inc to either refund the
amount you paid for the Data Subset or provide you with corrected items.
General.This Agreement shall be governed by the laws in force in the
Provinceof Ontario. You acknowledge that a breach of this Agreement may cause
irreparable harm to Shopping Center Database Inc. and therefore you agree that upon any
such breach Shopping Center Database Inc. shall be entitled to obtain injunctive or
other equitable relief to enforce your obligations under this Agreement. This
Agreement may not be modified except by a written agreement signed by you and Shopping Center Database Inc
9. RIGHT TO CHANGE TERMS AND CONDITIONS OR CONTENT: Shopping Center Database Inc.may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use these Site(s) after any changes are posted, you are indicating your acceptance of those changes. Shopping Center Database Inc.may add, change, discontinue, remove or suspend any other Materials posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Have additional questions or to order, please contact us via email or phone.
+1 416-490-1090
info@shoppingcenterdatabase.com
Monday-Friday 9am-5pm est
