Brickell City Centre Terms of Use:

Effective Date: January 30, 2023

Hey there, thanks for visiting. Here you will find some compelling reading about a few things like your rights as a visitor, some of Brickell City Centre Retail, LLC’s (together with its affiliated and related entities, “BCC”, “we” or “us”) rights as the provider and operator of the website located at https://www.brickellcitycentre... (the “Website”), and a few more FYIs that we thought were of note. Enjoy!

PLEASE CAREFULLY READ THESE BCC TERMS OF USE (THE “TERMS OF USE”) BEFORE USING THE WEBSITE. Please do not use the Website unless you agree to all of these terms. Continued use of the Website signifies your acceptance of, and agreement to be bound by, each of the below terms and conditions.   Websites launched by any affiliates, subsidiaries, parent companies or divisions of BCC may be governed by separate terms and conditions.

These Terms of Use were updated as of the Effective Date provided at the beginning of these Terms of Use. We may change, amend, or remove any or all of the Terms of Use at any time.  You are responsible for reviewing the most up to date version of the Terms of Use. If you do not agree with any proposed changes, you should discontinue your use of the Website.  If you continue using the Website after the new Terms of Use take effect, you will be bound by the modified Terms of Use.

We maintain the Website to provide products and services to you.  We may ask for and collect your personal information to provide our products and services, enhance your experience, and provide you with other relevant information about our offerings.  Please review our Privacy Notice located at https://www.brickellcitycentre.com/legal for information about how we handle your personal information, such as what information we collect and use, the sources of the personal information we have about you, how we share your personal information, how we protect your personal information, and the rights you may have for the personal information we hold about you.  If you have any questions about our Privacy Notice, you may contact us via email at info@swireprops.com and we will respond promptly.  If we make any changes to the Privacy Notice, we’ll update the notice on the website and the date it was last updated.

As long as you comply with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website for any lawful personal and non-commercial purpose.  We reserve any right that we do not specifically grant to you in these Terms of Use.  If you fail to comply with these Terms of Use, your license and right to use the Website is immediately revoked (and we have no obligation to notify you of the revocation).  We further reserve the right to revoke your license and deny you any access to the Website (in whole or in part) at any time for any reason.  We reserve the right (at any time and without notice and for any reason) to change, suspend, or end access to or the existence of the Website (in whole or in part). 

We own all of the Website Content (defined below) on the Website.  For the purpose of these Terms of Use, “Website Content” means all text, graphics, artwork, logos, photographs, trademarks, music and other sounds, and computer code.  Website Content also includes the design, structure, and look and feel of the Website.  The Website Content is protected by trade dress, copyright, patent and trademark laws, and unfair competition laws.  Unless you have our express written permission (through these Terms of Use or otherwise), you may not copy, reproduce, upload, post, transmit or distribute the Website Content of the Website to any other website or computer, or any other publication (in any format) for any commercial purpose.

You agree that, in connection with your use of the Website, you will not:

·       impersonate any other person or entity, provide false or misleading identification information, or invade the privacy, or violate the personal or proprietary rights, of any person or entity;

·       use the Website for any unauthorized or illegal purpose (including soliciting others to perform illegal acts);

·       link to the Website without our express written consent;

·       interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website, including without limitation, hacking into the Website;

·       “frame” or “mirror” any part of the Website;

·       engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website, including from any user of the Website, or use any means to scrape or crawl any part of the Website;

·       remove any copyright, trademark, or other proprietary rights notices contained on the Website;

·       decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Website, or any portion thereof;

·       use any device, software, program, or routine or transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of the Website, any other person’s use of the Website, or any related systems; or

·       circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Website Content or enforce limitations on use of the Website or the Website Content.

As a convenience to individuals who use the Website, the Website contains links to independent third-party websites.  We do not control these third party websites and we have no opinion regarding and do not endorse any content, data, services, or offerings made available through these third-party websites.  You must decide for yourself whether to visit other sites and how to use them.  If you decide to visit any other websites (even if you access them through the Website), you understand and agree that you are doing so solely at your own risk. THESE TERMS OF USE DO NOT APPLY TO THIRD-PARTY WEBSITES. BEFORE VISITING A THIRD-PARTY WEBSITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE WEBSITE, YOU SHOULD REVIEW THE THIRD-PARTY WEBSITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE POLICIES AND PRACTICES OF THESE THIRD-PARTY WEBSITES.

You are accessing and using the Website and the Website Content on an “AS-IS” and “AS-AVAILABLE” basis.  We do not promise that the Website will work in any particular manner or at any particular time.  There may be errors or defects on the Website, and we cannot promise that any files, data, or other Website Content that you download will be free from viruses, contamination, and other issues that could affect or damage the device you are using.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, WEBSITE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, WEBSITE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR ELECTRONIC COMMUNICATIONS WE SEND YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

EXCEPT WHERE PROHIBITED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, WEBSITE CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, UNLESS OTHERWISE SPECIFIED IN WRITING.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE SUBJECT TO ONE OF THESE JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your violation of these Terms of Use. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from our own negligent conduct.

Except where prohibited by law, we may disclose your identity, any other information we have about you, and any communications from you if we believe it is necessary: to investigate a complaint related to your use or abuse of the Website; to comply with any applicable law, regulation, legal process or governmental request; to enforce these Terms of Use; to respond to any claims against us; and to protect our employees, and the public (or users of the site).  

You understand and agree that any dispute arising out of or relating to your use of the Website shall be governed by the laws of the State of Florida. You further understand and agree that the exclusive venue and jurisdiction for resolving any dispute arising out of or relating to your use of the Website will be the federal and state courts located in Miami-Dade County, Florida. You agree to waive any objections to personal jurisdiction in Miami-Dade County, Florida. Moreover, you understand and agree that we are both waiving a jury trial in any dispute that we may have arising out of or relating to your use of the Website and these Terms of Use.  To be clear, a judge and not a jury will decide any dispute that ever arises between us arising out of or relating to your use of the Website.  In addition, you agree that any dispute resolution proceedings between us will be conducted only on an individual basis, and not in a class action or consolidated or representative action.

If any court or tribunal determines that any portion of these Terms of Use are unenforceable, those portions of the Terms of Use shall be stricken from the Terms of Use in a manner that will render the remaining Terms of Use in full force and effect.

These Terms of Use are the entire agreement between you and us regarding the use of the Website.   Any prior agreements (oral or written) regarding your use of the Website are no longer in effect.

Access to, and use of, the Website is subject to compliance with these terms and all applicable laws.

Our failure to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision.

Any questions regarding these terms should be directed to info@swireprops.com.

You may be asked for your permission to allow us to use certain photographs, videos, comments, and other content shared on your social media account (“Content”). If you provide us with an affirmative response, you will be indicating that you meet all of the below requirements and accept these terms. 

Under these terms, you grant us a non-exclusive, revocable, non-transferable, perpetual license to utilize, modify, edit and/or create derivative works from your Content. You also grant us the rights to publicly display and reproduce any Content in any media format, including on our online platforms and digital screens, as well as within digital campaigns, royalty-free and without compensation.

Your affirmative response should be provided only if you meet all of the following requirements:

·       You are over the age of 18.

·       Each identifiable individual depicted in a photo included in your Content has consented to the photo being shared publicly and without restriction.

·       You are not aware of any restrictions that prevent you from agreeing to these terms.

·       You created and own all rights in your Content or you are authorized by the owner of those rights to license your Content to us under these terms

·       Our use of your Content will not, to the best of your knowledge, violate any law and will not infringe on any rights of a third party.

·       You will not seek to hold us, or any person acting on our behalf, responsible for any demands by a third party related to our use of your Content.

This license is permissive – we may use your Content but are not obliged to. Beyond what we’ve disclosed to you in our Privacy Notice, we are not required to inform you if we use it, how we use it, or if we stop using it. If we use your Content, we may or may not credit your username on the social media platform on which you posted it. If we use your Content, there is an indefinite time frame on when said Content will be shared, indicating your Content has no expiration date for our use.

You are allowing us to disclose your identity, including your social media platform username, to a third party who makes a credible allegation that our use of your Content violates any of their rights.

If at any time you change your mind about sharing your Content with us, you may revoke the license you are granting us under these terms. To do so, send an email with the platform and your username on the platform(s) on which we contacted you to social@brickellcitycentre.com. We will remove your Content from our online platforms within 45 days of receiving your request. From the date we receive your request, we will not produce any new materials containing your Content. You acknowledge that we may continue to use and distribute materials already produced at the time we receive your request.

We may change these terms at any time by sending a message to your username on the social media platform where you posted your Content at least thirty (30) days prior to the effective date of the applicable change. If you object to a change, you may revoke the license you are granting us under these terms in accordance with the immediately prior paragraph.

Unless otherwise indicated, the Website and all of the Website Content are our proprietary property protected by applicable laws and regulations, and all of the trademarks, service marks and logos (collectively, the “Marks”) contained therein are owned or controlled by us or licensed to us.  Nothing contained on the Website or in our Terms of Use serves to grant to you, by implication or otherwise, any license or right to use any Marks without the prior written permission of BCC or its third party licensors, or such other third parties that may own the displayed Marks.  No interest or right to use any project name or Marks is acquired by purchasing any interest in any Developer project.

None of the content of the Website may be altered, copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of BCC.  Copying or storing any content is expressly prohibited without prior written permission of BCC.

All rights not expressly granted herein are reserved. 

At BCC, we are dedicated to providing everyone access to the Website's content and features. We are regularly improving the Website's capabilities to allow all users access to our products and services so that visitors, including those with disabilities, can enjoy the same experience.

BCC strives to have a positive impact on the current state of accessibility (web) and to continue to serve all of our users. Our Website is currently compatible with various applications to allow accessibility for any users who have a disability or impairment. We have implemented the following program:

USERWAY

Web Accessibility Solution for WCAG & ADA Compliance

We also recommend the following programs:

NVDA NONVISUAL DESKTOP

NVDA NonVisual Desktop Access (Free - Open Source)

JAWS

Freedom Scientific’s JAWS (Job Access with Speech)

As we continue to improve and grow our site, your suggestions for accessibility would greatly improve the BCC experience. Feel free to reach out to us info@swireprops.com.

Visit our Instagram to participate in our latest giveaway - https://www.instagram.com/bric...

HOW TO ENTER: To enter/be eligible for the giveaway, follow @brickellcitycentre, comment what you would buy from Saks Fifth Avenue, and order from The Henry. Tag one friend who you're bringing to shop and eat. 

The Entry period is September 6, 2023 through October 14, 2023 at 11:59pm EST.  No purchase necessary.  Please review the official rules applicable to this giveaway, located at https://www.brickellcitycentre...