Legal
The complete offering terms are in an offering plan available from the Sponsor: 56th and Park (NY)
Owner, LLC. File No. CD11-0239. Sponsor address: 56th and Park (NY) Owner, LLC, 540 Madison Avenue, New
York, NY 10022. Sponsor reserves the right to make changes in accordance with the terms of the Offering
Plan.
Privacy Policy
56th and Park (NY) Owner, LLC (referred to herein as "56th and Park"," "we," or "us") is committed to
protecting the privacy of the users of its website located at 432parkavenue.com (the "Website"). This
statement discloses our privacy practices. The purpose of this statement is to inform you of the
following:
•
What kinds of information we collect from users of the
Website and how the information is used by us;
•
Whether we disclose any user information to third
parties;
•
How you can access, update or delete any information
that we collect about you; and
•
The security procedures we use to protect your
personal information.
By using the Website, you're agreeing to the terms and conditions of this
Privacy Policy. We reserve the right to change, modify, add, or remove portions of our Privacy Policy at
any time. Please check this page periodically for changes.
If you have any questions about our Privacy Policy, please email us at info@432parkavenue.com.
**For EU and California Residents: Please click here for
additional information regarding our Privacy Notice.**
How we collect information
You may be asked for information that identifies you, including your
name,
email address, mailing address, zip code, telephone number and fax number (collectively, "Personal
Information") on our Website. You may also elect to provide Personal Information to us by sending or
responding to emails regarding certain listings or services offered on our Website. We do not
collect
any Personal information from you when you visit the Website unless you provide it voluntarily. When
you
voluntarily submit your Personal information to us, you are giving us your consent to the
collection,
use, and disclosure of your Personal Information as set forth in this Privacy Policy.
You can visit the Website without revealing any personal information.
However, this Website collects usage information through a variety of technical methods, including
collecting internet protocol addresses (“IP Address”), using cookies and using web beacons (such
information, “Other Information”, and together with Personal Information, “Information”). Our web
servers collect the IP Addresses, but not the email addresses, of users. This information can
measure
the number of visits, average time spent on the site, pages viewed, and other such statistics. In
addition, you may occasionally receive cookies from third parties to which you link from our
Website. If
you prefer, you may set your browser to ask for your permission before you receive a cookie. We do
not
control these third party cookies, and they are not subject to this Privacy Policy.
Cookies are pieces of information that a website sends to your
computer
while you are viewing the site. Web beacons are small pieces of data that are embedded in images on
the
pages of Sites. Cookies, web beacons and other technical methods may involve the transmission of
information either directly to us or to another party authorized by us to collect information on our
behalf.
HOW WE USE AND DISCLOSE INFORMATION
We collect, generate, retain and use your Information for our own
internal
purposes in connection with the facilitation, recording and processing of any requests,
communications,
or interactions you may have with our Website.
When you request information, we need to know your Personal
Information.
This allows us to process and fulfill your request. We do not sell, trade, or rent your Personal
Information to others.
In an ongoing effort to better understand our users, Website,
products,
and services, we may analyze the Information in aggregate form to operate, maintain, manage and
improve
our products, services, and/or the Website. We may share this aggregate information with our
affiliates,
agents, and business partners. We may also disclose aggregated user statistics to describe our
products,
services, and our Website to current and prospective business partners and to other third parties
for
other lawful purposes.
In addition, your Information may be used by us to provide you with
information regarding our products and services. We may from time to time share Information with
other
companies who may provide you information about the products and services we offer. For example, we
or
our third-party vendors may use your email address to send you special announcements and
notifications
of new real estate listings, services or promotions that may be of interest to you. However, to the
extent required by law, you will be given the opportunity to opt-out of such sharing.
We may also disclose Personal Information about you upon request by
the
government, in response to a court order, when required by law or when we believe in good faith such
disclosure is required by law, to enforce our Privacy Policy or other agreements on this Website,
upon
your request, or to contact, identify or bring legal action against someone who may be causing
injury to
or interference with our or others' rights or property, including but not limited to claims for
infringement of intellectual property.
We may use Other Information for many purposes, including delivering
content, tracking and enhancing our users' experience on the Website. For example, when you return
to
our Website after logging in, cookies provide information to the site so that the Website will
remember
who you are. We also may use technical methods to analyze the traffic patterns on our Website, such
as
the frequency with which our users visit various parts of our Website, as well as the frequency with
which our users visit other sites. In HTML emails that we send our users, we may use technical
methods
for a number of purposes, including: to determine whether our users have opened or forwarded those
emails and/or clicked on links in these emails, and to determine whether a guest has made an inquiry
or
purchase in response to a particular email. These technical methods may enable us to collect and use
Information in a form that is personally identifiable.
DATA SECURITY
We take commercially reasonable steps to protect Information from
loss,
misuse, and unauthorized access, disclosure, alteration, or destruction. Our vendors are required to
maintain and implement robust security policies and procedures that combine with available
technologies
in accordance with prevailing industry standards, all of which are designed to protect the
confidentiality, integrity, and availability of your Information. To the extent we are provided with
social security numbers or personal financial information, we comply with all applicable regulations
regarding the confidentiality and safe disposal of such information. Please understand, however,
that no
security system is impenetrable. We cannot guarantee the security of our databases, nor can we
guarantee
that the information you supply will not be intercepted while being transmitted to and from us over
the
Internet. In particular, e-mail sent to or from the Website may not be secure, and you should
therefore
take special care in deciding what information you send to use via e-mail.
NO LIABILITY FOR ACTS OF THIRD PARTIES
We will have no liability for disclosure of personally identifiable
Information due to errors in transmission, unauthorized acts of third parties or through the use of
third party cookies, including those of any advertisers when you view or click on their
advertisements.
The Website may contain links to external websites. We have no control over the privacy practices or
the
content of such external websites. As such, we are not responsible for the content or the privacy
policies of those external websites. Once you leave this Website, you will be subject to third party
privacy policies, which may differ significantly from our Privacy Policy.
CHILDREN'S ONLINE PRIVACY
This website is not intended for use by children under 13. As part our
compliance with the Children's Online Privacy Protection Act, we do not knowingly collect personally
identifiable Information from children under 13. If we become aware that we have unknowingly
collected
personally identifiable Information from a child under the age of 13, we will make reasonable
efforts to
delete such information from our database.
Children should check with their parent or guardian before entering
personally identifiable Information on any website, and we urge parents and guardians to discuss
with
their kids restrictions regarding the online release of personally identifiable Information to
anyone
they don't know.
IMPORTANT NOTICE TO NON-U.S. RESIDENTS
The Website and its servers are operated in the United States. If you
are
located outside of the United States, please be aware that any Personal Information you provide to
us
will be transferred to the United States. By using the Website and by providing us Personal
Information,
you hereby consent to this transfer and our use of the Personal Information and Other Information in
accordance with this Privacy Policy.
CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents who
have
an established business relationship with 56th and Park may choose to opt out of our
sharing
their Personal Information with third parties for direct marketing purposes. If you are a California
resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our
disclosure of your Personal Information to third parties for direct marketing purposes, please
contact
us as set forth above.
ACCESSING, UPDATING, OR DELETING INFORMATION COLLECTED ABOUT
YOU
BY SDP DEVELOPMENT
If you wish to access, update, or delete contact information or
preferences, please send an email to info@432parkavenue.com.com. Please be aware, however, that we
cannot always ensure that such corrections or deletions will immediately be made in our database.
Terms of use
EFFECTIVE AS OF SEPTEMBER 19TH, 2014
Welcome to www.432parkavenue.com (the “Website”). The Website is owned
and
operated by 56th and Park (NY) Owner LLC (“56th and Park,” “we,” “us,” or
“our”).
We provide our Website to you subject to the following Terms of Use,
which
may be updated by us from time to time without notice to you. By browsing the public areas or by
accessing and using the Website, you acknowledge that you have read, understood, and agree to be
legally
bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy
Policy, which are hereby incorporated by reference (collectively, this “Agreement”). If you do not
agree
to any of these terms, then please do not use the Website.
Capitalized terms not defined in these Terms of Use shall have the
meaning
set forth in our Privacy Policy.
COMMUNITY GUIDELINES
By accessing and/or using the Website, you hereby agree to comply with
these community rules and that:
•
You will not use the Website for any unlawful
purpose;
•
You will not access or use the Website to collect
any
market research for a competing business;
•
You will not use automated means, including
spiders,
robots, crawlers, data mining tools, or the like to download or scrape data from the
Website,
except for Internet search engines (e.g., Google) and non-commercial public archives (e.g.,
archive.org) that comply with our robots.txt file;
•
You will not interfere with or attempt to
interrupt
the proper operation of the Website through the use of any virus, device, information
collection
or transmission mechanism, software or routine, or access or attempt to gain access to any
data,
files, or passwords related to the Website through hacking, password or data mining, or any
other means; and
•
You will not cover, obscure, block, or in any way
interfere with any advertisements and/or safety features (e.g., report abuse button) on the
Website.
We reserve the right, in our sole and absolute discretion, to deny you
access to the Website, or any portion of the Website, without notice, and to remove any user
submissions, if any, that do not adhere to these guidelines.
INTELLECTUAL PROPERTY
The Website contains material, such as software, text, graphics,
images,
sound recordings, audiovisual works, and other material provided by or on behalf of 56th
and
Park (collectively referred to as the “Content”). The Content may be owned by us or by third
parties.
The Content is protected under both United States and foreign laws. Unauthorized use of the Content
may
violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will
not
use the Content except as permitted under this Agreement. No other use is permitted without prior
written consent from us. You must retain all copyright and other proprietary notices contained in
the
original Content on any copy you make of the Content. You may not sell, transfer, assign, license,
sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version
of,
distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or
posting of the Content on any other website or in a networked computer environment for any purpose
is
expressly prohibited.
If you violate any part of this Agreement, your permission to access
and/or use the Content and the Website automatically terminates and you must immediately destroy any
copies you have made of the Content.
The trademarks, service marks, and logos of 56th and Park
(the
“56th and Park Trademarks”) used and displayed on the Website are registered and
unregistered
trademarks or service marks of 56th and Park. Other company, product, and service names
located on the Website may be trademarks or service marks owned by others (the “Third-Party
Trademarks,”
and, collectively with the 56th and Park Trademarks, the “Trademarks”). Nothing on the
Website should be construed as granting, by implication, estoppel, or otherwise, any license or
right to
use the Trademarks, without our prior written permission specific for each such use. Use of the
Trademarks as part of a link to or from any site is prohibited unless establishment of such a link
is
approved in advance by us in writing. All goodwill generated from the use of 56th and
Park
Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark,
unfair
competition, and other state and federal laws and may not be copied or imitated in whole or in part,
by
any means, including but not limited to the use of framing or mirrors. None of the Content may be
retransmitted without our express, written consent for each and every instance.
COMMUNICATIONS TO US
By submitting information and materials, including personal contact
information, comments, ideas, questions, designs and other similar communications (collectively,
“Submitted Information”) to 56th and Park through the Website, including without
limitation,
through the use of online forms or via email, you agree that all Submitted Information may be used
by
56th and Park for any purpose whatsoever, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and further posting. Further, 56th and
Park
may use any ideas, concepts, know-how, or techniques contained in any Submitted Information for any
purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing
products. By
submitting any Submitted Information, you are granting 56th and Park a perpetual,
royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate,
distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from,
transfer and sell such Submitted Information and to use your name and other identifying information
in
connection with such Submitted Information. Any personal information that you provide to us through
your
use of the Website is subject to the terms of our Privacy Policy below.
NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE
WEBSITE.
WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER
CAUSE.
YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE
WEBSITE, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT OR THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE CONTENT AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE”
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE
WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE CONTENT OR THE
WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF
WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
THE WEBSITE AND THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR
IMPROVEMENTS TO THE WEBSITE AND/OR THE CONTENT AT ANY TIME WITHOUT NOTICE.
EXTERNAL SITES
The Website may contain links to third-party websites (“External
Sites”).
These links are provided solely as a convenience to you and not as an endorsement by us of the
content
on such External Sites. The content of such External Sites is developed and provided by others. You
should contact the site administrator or webmaster for those External Sites if you have any concerns
regarding such links or any content located on such External Sites. We are not responsible for the
content of any linked External Sites and do not make any representations regarding the content or
accuracy of materials on such External Sites. You should take precautions when downloading files
from
all websites to protect your computer from viruses and other destructive programs. If you decide to
access linked External Sites, you do so at your own risk.
INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers,
directors,
employees, successors, licensees, and assigns harmless from and against any claims, actions, or
demands,
including, without limitation, reasonable legal and accounting fees, arising or resulting from your
breach of this Agreement or your access to, use, or misuse of the Content or the Website. We shall
provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense,
in
defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense
and
control of any matter that is subject to indemnification under this section. In such case, you agree
to
cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims
concerning
whether the Website or any Content may be downloaded, viewed, or be appropriate for use outside of
the
United States. If you access the Website or the Content from outside of the United States, you do so
at
your own risk. Whether inside or outside of the United States, you are solely responsible for
ensuring
compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or
terminate this Agreement and your access to all or any part of the Website, at any time and for any
reason without prior notice or liability. We reserve the right to change, suspend, or discontinue
all or
any part of the Website at any time without prior notice or liability.
REVISIONS TO TERMS OF USE
We may revise these Terms of Use at any time and from time to time and
will post the revised Terms of Use on the Website. Your continued use of the Website after any
revisions
to these Terms of Use are posted will be considered acceptance by you of those changes. We encourage
you
to visit this page from time to time to review the then current Terms of Use.
MISCELLANEOUS
This Agreement is governed by the internal substantive laws of the
State
of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit
to
the exclusive personal jurisdiction of the state and federal courts sitting in the State of New
York;
and (ii) that the Website shall be deemed a passive service that does not give rise to personal
jurisdiction over 56th and Park, either specific or general, in jurisdictions other than
New
York. If any provision of this Agreement is found to be invalid by any court having competent
jurisdiction or terminated in accordance with the “Termination of the Agreement” provision above,
the
invalidity or termination of such provision shall not affect the validity of the following
provisions of
this Agreement, which shall remain in full force and effect: “Intellectual Property,”
“Communications to
Us,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,”
“Revisions to Terms of Use,” and “Miscellaneous.” Our failure to act on or enforce any provision of
the
Agreement shall not be construed as a waiver of that provision or any other provision in this
Agreement.
No waiver shall be effective against us unless made in writing, and no such waiver shall be
construed as
a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing,
this
Agreement constitutes the entire Agreement between you and us with respect to the subject matter,
and
supersedes all previous or contemporaneous agreements, whether written or oral, between the parties
with
respect to the subject matter. The section headings are provided merely for convenience and shall
not be
given any legal import. This Agreement will inure to the benefit of our successors, assigns,
licensees,
and sublicensees.
