Terms and Conditions
You Should Not Rely on the Website
You should not rely on the information contained on the website. Gershman Properties makes no commitment or express or implied warranty that any factual, legal, financial, or any other information contained on the website, or on any linked websites, is accurate, complete, error-free, current, or will remain available. Gershman Properties assumes no liability if it is not, and your use of the website is solely at your own risk.
Gershman Properties reserves the right to discontinue or alter any or all of the website, and to stop publishing the website, at any time in its sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the website, or any portion thereof, or if Gershman Properties stops publishing the website.
Third Party Websites
Ownership, License and Limitations On Use
As between you and Gershman Properties, all right, title and interest in this website (including all copyrights, trademarks and other intellectual property rights) belongs to and is expressly reserved by Gershman Properties or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying Gershman Properties’ products and services are proprietary marks of Gershman Properties. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
Limited License and Right to Use the Website and Content
You are hereby granted a nonexclusive, nontransferable, limited license to view and use information from the website (i) solely for your personal, informational, non-commercial purposes, (ii) on the terms herein, (iii) provided that you do not modify or alter the content in any way, and (iv) provided that you do not delete or change any copyright or trademark notice. In furtherance of the foregoing, subject to these Terms and Conditions, you may view pages from our website in a web browser, download pages from our website for caching in a web browser, and print pages from our website (“Permitted Uses”), and except for such Permitted Uses, you must not download any material from our website or save any such material to your computer.
Except as expressly provided herein, no part of this website, including but not limited to materials retrieved and the underlying code, may be reproduced, republished, copied, transmitted, distributed, sold or exploited in any form or by any means. In no event should materials from the website be stored in any information storage and retrieval system without prior written permission from Gershman Properties.
In addition, you may only use the website if you agree not to take any action that might (i) interfere with their proper working, (ii) impose an unreasonable or disproportionately large load on their infrastructure, (iii) compromise the their security, (iv) render them or their features inaccessible to others, (v) cause other damage to the website or any content, (vi) circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website or (vii) launch any automated system, including without limitation, any "robot," "spider," or "offline reader" that sends more requests to their server(s) in a given period of time than a human can reasonably generate using a conventional web browser. Additionally, you may not use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Other Disclaimers, Limitation of Liability, and Indemnity
"Covered Parties" means Gershman Properties, its business partners and other entities participating in this website, and its and their (including affiliated and other related entities) managers, members, employees, contractors, agents, successors and assigns.
THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF OTHER TERMS HEREIN, THE COVERED PARTIES ALSO DISCLAIM ALL WARRANTIES, RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO SUBSTANTIVE AS WELL AS TYPOGRAPHICAL INACCURACIES AND ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREIN, (C) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEBSITE, (E) VIRUSES OR OTHER DAMAGING FACTORS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.
Limitation of Liability
The Covered Parties are and will not be liable for any damages, including but not limited to any direct, indirect, incidental, special, reliance, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees, lost profits, savings, or data), in any way due to, resulting from, or arising in connection with the website, including its content and your use thereof, regardless of any negligence or fault of any of the Covered Parties, and whether or not apprised of the possibility of such damages. In no event will the aggregate liability of any of Covered Parties related to your use of the website or their other content be greater than $100.
You agree to indemnify and hold harmless the Covered Parties from any losses, damages, claims, or liabilities of any nature, including reasonable attorneys' fees, arising from your use of the website, , or their other content, or your breach of the terms hereof.
Modification of Terms and Conditions
You agree that Gershman Properties may revise these Terms and Conditions from time to time, and the revised Terms and Conditions shall apply to the use of the website from the time of publication.
Capacity to Accept Terms and Conditions
Entire Agreement; Severability; No Waiver
Governing Law; Jurisdiction
Claims of Copyright Infringement and the Digital Millennium Copyright Act
Gershman Properties is committed to complying with U.S. copyright and related laws, and requires all customers and users of its services to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements.
In the event that you claim to be the copyright owner of any content, you agree to immediately notify Gershman Properties of any claimed copyright infringement. You further agree to provide Gershman Properties’ copyright agent the following information as required by the DMCA, Title 17, U.S.C. § 512:
your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. Gershman Properties Copyright Agent for notice of claims of copyright infringement on or relating to the website can be reached either by:
sending an email request to email@example.com
sending a letter via the U.S. Mail to:
Executive Vice President
Gershman Properties, LLC
12300 Wilshire Boulevard, Suite 310
Los Angeles, CA 90025
Gershman Properties will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s) stored on the website or (ii) disable access to the work(s). Gershman Properties will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s). Copyright owners may use their own notification of claimed infringement form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Gershman Properties, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to Gershman Properties. Upon Gershman Properties’ receipt of a counter notification that satisfies the DMCA requirements, Gershman Properties will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that Gershman Properties will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Gershman Properties’ designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.