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Terms and Conditions

The Club MobileSM, General Growth Properties, Inc.

TERMS OF USE

INTENDED AUDIENCE/USE

Thank you for visiting The Club and/or The Club Mobile website (the "Site" or “Sites”) brought to you by General Growth Management, Inc. ("we" or "us" or “GGMI”). GGMI provides these websites to you subject to these Terms of Use and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content" or “Site Services”), is intended for the lawful use of GGMI's customers and members of the general public who are 13 years of age or older, and citizens of the United States. Except as described otherwise, all materials on this site are available to provide information about GGMI and its services. GGMI controls and operates this site from the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. You acknowledge that GGMI reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

ACCEPTANCE OF TERMS

By using the Site Services you acknowledge you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these Terms, please do not use the site.

COPYRIGHT AND RESTRICTIONS ON USE OF CONTENT

© 2009 General Growth Management, Inc. All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by GGMI that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to GGMI's Rights in individual elements of the Content, GGMI or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the web site Terms of Use. GGMI authorizes you to copy and display the content herein for your personal, non-commercial use only. Any copy you make must include this copyright notice. If attribution to GGMI is included, limited quotations from the content are hereby permitted. GGMI does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without GGMI's prior express written consent.

TRADEMARKS AND INTELLECTUAL PROPERTY

There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, GGMI is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of GGMI's or any third party's intellectual property rights.

All product names and services appearing in type form different from that of the surrounding text are trademarks owned by, controlled, or licensed to GGMI its subsidiaries, parents or its affiliates. Trademarks owned by GGMI, its subsidiaries, or affiliates include, but are not limited to, GGP & Design, GGP, National Research Network, General Growth Properties, People Creating Special Places and Experiences, The Club, The Club Mobile and the names of retail and mixed-use properties. Any use or reproduction of any trademarks, logos, or intellectual property is prohibited without the express authorization of the owner.

NO IMPLIED LICENSES

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or proprietary rights of GGMI or General Growth Properties, Inc. or of any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright of GGMI or General Growth Properties, Inc.

SUBMISSION OF INFORMATION

We use industry standard technology and efforts to safeguard the confidentiality of your personal identifiable information however GGMI does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site. Do not send any confidential information to GGMI through the Site. Except for the personally identifiable information relative to you, any information you do send to GGMI through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant GGMI an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that GGMI is free to use any ideas, concepts, know-how or techniques that you send GGMI for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by GGMI will not infringe or violate the rights of any third party.

You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. The personally identifiable information you submit to us via The Club or The Club Mobile shall be treated in accordance with our Terms of Use and the Privacy Statement as described herein.

PRIVACY STATEMENT

GGMI's collection and use of personally identifiable information about you is subject to our Privacy Statement. For more information, see our full Privacy Statement. This site and GGMI Site Services are intended for use by persons 13 of age or older. No information should be submitted to or posted on this web site by users under 13 years of age. GGMI encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES

If you choose to participate in a promotion, survey, or other GGMI-sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of aiation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Web Site Activity, and may result in additional legal actions being taken by GGMI.

LINKS TO THIRD-PARTY WEB SITES

Some of the sites listed as links herein are not under the control of GGMI. Accordingly, GGMI makes no representations whatsoever concerning the content of those sites. The fact that GGMI has provided a link to a site is NOT an endorsement, authorization, sponsorship, or affiliation by GGMI with respect to such site, its owners, or its providers. GGMI is providing these links only as a convenience to you and has not tested any information, software, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

DISCLAIMER OF WARRANTY

GGMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GGMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GGMI SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

LIMITATION OF LIABILITY

GGMI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF GGMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, GGMI'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

REVISIONS

GGMI may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that GGMI shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. GGMI may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.

TERMINATION

You agree that GGMI, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that GGMI believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

GENERAL INFORMATION

The Terms of Use and Privacy Policy constitute the entire agreement between you and GGMI and govern your use of the Site, superseding any prior agreements between you and GGMI relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you participate in a sweepstakes, contest, survey, or other GGMI-sponsored program. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of GGMI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States and the State of Illinois, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Illinois, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

VIOLATIONS & NOTICES

Please report any violations of these Terms of Use to GGMI. Notices to you may be made via either email jenny@ggpshoppingmall.com or regular mail.
General Growth Management, Inc.
110 North Wacker Drive
Chicago, IL 60606
U.S.A.
312.960.5000

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