This site (the "Site") is
operated by CoStar UK Limited and its affiliates (collectively,
"SHOPPROPERTY" or "we" or "us"). By accessing or
using this Site (or any part thereof), you agree to be legally bound by the
terms and conditions that follow (the "Terms of Use") as we may
modify them from time to time. These Terms of Use apply to your use of this
Site, including the information and services offered via the Site. They
constitute a legal contract between you and SHOPPROPERTY, and by accessing or using
any part of the Site you represent and warrant that you have the right, power
and authority to agree to and be bound by these Terms of Use. If you do not
agree to the Terms of Use, or if you do not have the right, power, and
authority to agree to and be bound by these Terms of Use, you may not use the
Site. Notwithstanding anything to the contrary herein, if you and SHOPPROPERTY
have entered into a separate written agreement that covers your use of a
SHOPPROPERTY service, the terms and conditions of such agreement shall prevail
with respect to such Service to the extent they are inconsistent with these
Terms of Use.
Purpose of Site
The Site is designed to provide information about commercial real estate and
SHOPPROPERTY and its affiliates. The information and services offered on this
Site are provided solely for general information, do not constitute real
estate, legal, tax, accounting or other professional advice, or an offer to
sell or lease real estate, and may not be used for personal, family or household
purposes or to determine an individual's eligibility for credit, insurance, or
employment. You should take specific professional advice before relying or
refraining from relying upon any information or data on this Site.
Subscription and
Non-Subscription Services
The intellectual property rights (including but not limited to the copyright
and database rights) in the information, data, text, software, photographs,
images, graphics, organisation, layout, design, and other content contained on
or provided through this Site are vested in and owned by SHOPPROPERTY and its
licensors. Content contained on or provided through this Site includes
databases of commercial real estate information (the Database), which
contain, by way of example, information, text, photographic and other images
and data contained therein (collectively, the "Information") and the
proprietary organisation and structures for categorising, sorting and
displaying such Information, together with the related software ("Software").
The Site, Database, Information, Software, and any portion of the foregoing,
including any derivatives, successors, updates or modifications provided
thereto and any Information derived from the use of the Database, including as
a result of the verification of any portion of the Information, are
collectively referred to herein as the "Service".
Portions of the Site are available only to
individuals or entities that purchase a subscription (a "Subscriber")
and who, as specified in these Terms of Use and/or in the associated written
license agreement between the Subscriber and SHOPPROPERTY that authorises use
of the Information or Service(s) (the "Subscriber Agreement"), are
Nominated Users (as defined below) under such a subscription. Other parts of
this Site are available to individuals and entities, or those acting through
them, who are not a subscriber (a "Non-Subscriber"). Portions of the
Service accessible only to a Subscriber are referred to as the
"Subscription Service". Portions of the Service that are also accessible
to a Non-Subscriber are referred to as the "Non-Subscription
Service."
A Nominated User is defined as an
individual employed by a Subscriber at a site identified in the Subscriber
Agreement and who is included within the number of users authorised pursuant to
that Subscriber Agreement. Subscriber shall not, and shall ensure that its
Nominated Users or other persons do not, disclose to persons who are not
Nominated Users any password enabling access to the Service. Passwords shall
remain personal to Subscriber and may not be assigned. Subscriber undertakes
that each password will only be used by one Nominated User. Subscriber agrees
to pay for all use of the Service made by any person using Subscriber's
password(s) whether or not authorised to do so. No Nominated User who ceases to
be an employee of Subscriber may use any password or any portion of the
Subscription Service in any manner.
Use of the Service
Permitted Uses:
Subject to the provisions of these Terms of Use and, if applicable, the
Subscriber Agreement, you may use the Non-Subscription Service or, if you are
an Nominated User, the applicable Subscription Service, in the ordinary course
of your business for: (1) Your internal research purposes; and
(2) Providing information regarding particular properties and market trends to
your clients in response to a request arising from a particular transaction or
in dealing with instructions from an existing client relating to a specific
matter;
In connection therewith, you may print Information or copy Information into
word processing, spreadsheet and presentation programs (or other software
programs with the express written consent of SHOPPROPERTY), only to the extent
that the quantity of Information being so printed or so copied is reasonably
tailored for your purposes, insubstantial and used in compliance with these use
and copying provisions.
Prohibited Uses:
You shall not, except as may be expressly set forth above, (a) distribute,
disclose, communicate to the public, copy, reproduce, display, publish,
transmit, assign, sublicense, transfer, provide access to, use or sell,
directly or indirectly (including in electronic form) any portion of the
Service, or (b) modify or create derivative works of any portion of the
Service.
Notwithstanding anything to the contrary
herein, you shall not:
(1) Access any portion of the Subscription Service unless you are a Nominated
User for such Subscription Service accessing the components and services of the
Subscription Service that your subscription authorises you to access, subject
to the terms contained therein and in these Terms of Use;
(2) access the Service if you are a direct or indirect competitor of
SHOPPROPERTY or its affiliates, or provide, disclose or transmit any portion of
the Service to any direct or indirect competitor of SHOPPROPERTY or its
affiliates;
(3) use or distribute any Information, including Information that has been
verified or confirmed by you or anyone else, to directly or indirectly create
or contribute to the development of any database, directory or other Service;
(4) modify, merge, decompile, disassemble, translate, decode or reverse
engineer any portion of the Service except the Software where in accordance
with the Copyright, Designs & Patents Act 1988, section 50;
(5) use, reproduce, publish or compile any portion of the Information for the
purpose of selling or licensing any portion of the Information or making any
portion of the Information publicly available;
(6) use any data mining, gathering or extraction tool, or any robot, spider or
other automatic device or manual process, to monitor or copy any portion of the
Service;
(7) store, copy or export any portion of the Service into any database or
software, except as expressly set forth in the Permitted Uses above;
(8) upload, post or otherwise publish any portion of the Service on, or provide
access to any portion of the Service through, the Internet, any bulletin board
system, any other electronic network, any data library, any listing service or
any other data sharing arrangement, except that you may e-mail a report
containing Information that complies with the Permitted Use provisions set
forth above to a limited number of your clients and prospective clients;
(9) upload, post, e-mail or otherwise transmit any Information, data, text,
software, photographs, images, graphics, or other content to or through the
Service, or use any portion of this Service in a manner, that (a) is unlawful,
threatening, abusive, harmful, libellous, tortious, defamatory, false,
misleading, obscene, vulgar, racially or ethnically offensive or otherwise
objectionable; (b) infringes any patent, copyright, trade mark, trade secret,
or other proprietary right of any party or violates the privacy or publicity
rights of any party; (c) constitutes unlawful advertising or fraudulent, unfair
or deceptive practices, "spam," or any other form of unlawful
solicitation; (d) contains software viruses or any other computer code, files
or programs that are designed to or have the capability to interrupt, modify,
damage, improperly access, disable, destroy or limit or impair access to or the
functionality of any computer software or hardware or telecommunications
equipment; or (e) you do not have a right to transmit under any law,
contractual obligation (e.g., nondisclosure agreement) or fiduciary duty;
(10) impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity, or otherwise disguise
the origin of any Information, data, text, software, photographs, images,
graphics, or other content posted on or transmitted through the Service;
(11) interfere with or disrupt, or attempt to interfere with or disrupt, the
Service or servers or networks connected thereto or the activities of other
users of the Service;
(12) use any portion of the Service to develop or provide any product or
service which emulates a "Family Tree", being any product in any form
of storage or output which is or provides the means to create a listing in
respect of any company or other connected companies (other than a company's
immediate and ultimate company);
(13) use any portion of the Service to encourage or engage in illegal activity,
stalk or harass another person, violate these Terms of Use or any applicable
English, international, or local law, rule, regulation, ordinance or code of
practice, including without limitation, any data protection, real estate
practice, spam or privacy laws.
Submitted Content
This Service may include opportunities for you to submit information, data,
text, photographs, images, graphics, and other content to the Service, for it
to be publicly displayed on the Service, used by SHOPPROPERTY in connection
with researching commercial real estate activity, or for some other purpose
("Submitted Content"). SHOPPROPERTY acknowledges that if you provide
SHOPPROPERTY with Submitted Content, then you retain your ownership rights with
respect to such materials. However, you understand that all such Submitted
Content, whether publicly posted or privately transmitted, is the sole responsibility
of the person from whom such content originated. This means that you, and not
SHOPPROPERTY, are entirely responsible for all Submitted Content that you
upload, post, e-mail or otherwise transmit to or via the Service. SHOPPROPERTY
is under no obligation to post or use any such Submitted Content you may
provide and may remove any such content at any time in SHOPPROPERTYs sole
discretion.
With respect to all Submitted Content you
elect to upload, post, e-mail or otherwise transmit to or via the Service, you
grant SHOPPROPERTY, its affiliates, and licensees the royalty-free, perpetual,
irrevocable, non-exclusive and fully sub-licensable right and license (through
multiple tiers) to use, reproduce, adapt, perform, display, publish,
communicate to the public, translate, prepare derivative works from,
distribute, sell, and take any other action with respect to such content (in
whole or part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed. You further acknowledge and
agree that SHOPPROPERTY may preserve any such content and may also disclose
such content in its discretion.
You represent and warrant that (a) you own
or have the full right, power and authority to grant to SHOPPROPERTY use of and
rights in and to all Submitted Content as provided above that you upload, post,
e-mail or otherwise transmit to or via the Service, as provided in these Terms
of Use; (b) your license of such content to SHOPPROPERTY hereunder does not,
and the use or license of such content by SHOPPROPERTY to third parties will
not, infringe any right or interest owned or possessed by any third party; and
(c) there are no claims, judgments or settlements to be paid by you, or pending
claims or litigation, relating to such content.
Privacy
When you use the Service, SHOPPROPERTY collects both personally and
non-personally identifying Information about your use of the Service.
SHOPPROPERTY takes steps to protect the security of the personally identifiable
information we collect, including, for example, physical, electronic, and
procedural safeguards.
The personally and non-personally
identifying information that SHOPPROPERTY collects via the Service includes (a)
what you intentionally submit to us while using the Service, including, for
example, by filling out forms with your contact Information or by logging in
with your password, and (b) what you automatically provide while using the
Service, including, for example, your IP address, your IP host, session
duration, and click stream data that tracks user activity in the Service. We
generally use or disclose the information we collect through the Service to
conduct research on and to improve the Service, to perform customer service and
support, to fulfil your requests for products and services, and to provide you
with information regarding our products and services, and the products and
services of our affiliates including service-related announcements. By using
the Service and submitting your personal information, you consent to
SHOPPROPERTYs collection and use of such information as disclosed herein and
to the transfer of your personal information to various countries around the
world.
In some but not all circumstances, at the
time you submit personally identifiable information, we may provide you with
the opportunity to "opt out" of some uses or disclosures of
personally identifiable information. In addition, regardless of whether you
exercise an opportunity to opt out, SHOPPROPERTY reserves the right to use or
disclose the information we collect whenever we have reason to believe that use
or disclosure may be necessary to identify possible violations of these Terms
of Use or a Subscriber Agreement, to identify, contact or bring legal action
against persons or entities who may be violating your rights, our rights or the
rights of others, or if we believe that we are required to do so to respond to
legal process or otherwise to comply with law. We also reserve the right to use
and disclose the information we collect to protect the security of our
software, products and services, web sites, users, and to protect ourselves
from liability or in connection with a merger, acquisition or liquidation of
the company.
Although the Service (or at least portions
thereof) can technically be viewed by children, we do not knowingly request
personally identifiable information from them nor does this Service publish
content that is targeted to children. No information should be submitted to, or
posted at, the Service by visitors under 18 years of age. If you have a further
question, please notify us by e-mail at info@costar.co.uk. We will do our best
to look into your request and respond promptly.
Links; Framing
You may provide a hyperlink to the home page of this Site, which is http://www.shopproperty.co.uk,
provided that you must remove any such link upon request from SHOPPROPERTY in
writing. The framing of this Service or any of its Content is prohibited. The
Service may include links to other sites, some of them operated by SHOPPROPERTY
and some of them operated by third parties. Under no circumstances shall
SHOPPROPERTY be deemed to be associated or affiliated with, or viewed as
endorsing or sponsoring, any web site that links to this Site, or is linked
from this Site, or any products or services that may be offered through such
web sites. SHOPPROPERTY has not necessarily reviewed any or all of the content
of such other web sites, and we disclaim responsibility for the content and
products and services available therein. Different terms and conditions may
apply to your use of any linked sites. It is your responsibility to review any
such terms and conditions in connection with your use of any such sites. Any
issues or disputes that may arise with respect to any such sites shall solely be
between you and the applicable third party.
Information Regarding Accuracy,
Completeness and Timeliness of Information in the Service
The Service is provided for general information only and should not be relied
upon or used as the basis for making or refraining from making significant
decisions without consulting primary or more accurate, more complete or more
timely sources of information. Any reliance upon the Service shall be at your
own risk. Neither we, nor any third party involved in creating, producing or
delivering the Service, is responsible if the Service is not accurate, complete
or current. Neither we, nor any third party involved in creating, producing or
delivering the Service, has any responsibility for any consequence relating
directly or indirectly to any action or inaction that you take based on the
Service.
No Warranties
While SHOPPROPERTY takes reasonable care to provide the Service certain parts
of the Service contain information obtained from third party sources and
SHOPPROPERTY cannot therefore warrant such information's accuracy or
completeness.
Save that nothing in this Agreement shall
exclude or limit the liability of SHOPPROPERTY and its affiliates and their
respective officers, directors, employees and third party suppliers (collectively,
the "SHOPPROPERTY Parties") for fraudulent misrepresentation, death
or personal injury arising from its negligence, the SHOPPROPERTY Parties make
no warranties as to the subject matter of this Agreement or the Service or its
parts, whether imposed by statute or by operation of law or otherwise that are
not expressly stated herein including, without limitation, implied warranties
as to satisfactory quality and fitness for purpose, timeliness, accuracy or
completeness of the Service, assurances that the Service will be virus and bug
free or provided without interruptions or delays.
Limitation of Liability
You acknowledge that the SHOPPROPERTY Parties shall not be held liable in
contract, delict (including, without limitation, negligence), pre-contract or
for breach of statutory duty or in any other way for:
(a) any economic losses (including, without limitation, loss of revenues,
profits, contracts, business or anticipated savings);
(b) any loss of goodwill or reputation; or
(c) any special, indirect or consequential loss,
in any case in respect of paragraphs (a) to (c), whether or not such losses
were within the contemplation of any party at the date of this Agreement or
suffered or incurred by you arising out of or in connection with this Agreement.
Notwithstanding the other terms of this
paragraph, the aggregate liability of the SHOPPROPERTY Parties in respect of
any loss or damage suffered by you and arising out of or in connection with
this Agreement, regardless of the form of the action whether in contract,
delict or otherwise, will not exceed the total amount of the licence fees
actually paid by the relevant Subscriber to SHOPPROPERTY Parties during the
twelve month period immediately preceding the date such claim arose, regardless
of the cause or form of action under this Agreement for any breach or series of
breaches. Recovery of this amount (or lesser amount) shall be the sole and
exclusive remedy for the subscriber or any other party for damages.
The SHOPPROPERTY Parties believe in good
faith that they are legally entitled to allow you to gain access to the
Services under and pursuant to this Agreement. However, in the event that
SHOPPROPERTY becomes aware of any change in this circumstance then SHOPPROPERTY
reserves the right to withdraw part or all of the Service and to notify the
Subscriber that it should not make any further use of Service or the part
concerned.
Termination
You acknowledge and agree that SHOPPROPERTY may interrupt or terminate or block
your access to the Service or portions thereof at any time. In the event that
occurs, you shall cease using any portion of the Service, permanently delete or
destroy all portions of the Service within your possession, custody or control,
and, upon written request from SHOPPROPERTY, certify, in writing, your
compliance with this provision.
If you are a Subscriber, your Subscriber
Agreement sets forth an initial term that expires on a specified date and that
may automatically renew for a specified length. Following termination or
non-renewal of your Subscriber Agreement, you shall cease using any portion of
the Service. In addition, you shall permanently delete or destroy all portions
of the Service within your possession, custody or control and, upon written
request from SHOPPROPERTY, certify, in writing, your compliance with this
provision.
Force Majeure
Neither party shall be liable to the other for any failure to perform, or for
any delay in performance, if it results from any act of God, act of government
or other authority or statutory undertaking, fire, explosion, accident, power
failure, industrial dispute, war, failure of any link or connection whether by
computer or otherwise, failure of technology or telecommunications or other
method or medium of storing or transmitting the Service, inability to obtain
materials or energy or anything else beyond the reasonable control of the party
failing to perform or delaying performance.
Your Liability
If you cause a technical disruption of the Service, you agree to be responsible
for any and all liabilities, costs and expenses (including reasonable
attorneys' fees and costs of enforcement) arising from or related to that
disruption. Upon your breach of any term of these Terms of Use or the
Subscriber Agreement, SHOPPROPERTYs remedies shall include any monetary
benefits that accrued to you as a result of the breach, any damages incurred by
SHOPPROPERTY related to your breach and any other damages and relief available
at law or in equity. If SHOPPROPERTY retains any third party to obtain any
remedy to which it is entitled under these Terms of Use or a Subscriber
Agreement, SHOPPROPERTY shall be entitled to recover all costs, including
attorney's fees or collection agency commissions, SHOPPROPERTY incurs.
Indemnity
You agree to indemnify, defend, and hold harmless the SHOPPROPERTY Parties from
and against any third party action, suit, claim or demand and any associated
losses, expenses, damages, costs and other liabilities (including reasonable
attorneys' fees), arising out of or relating to your (and your users')
Submitted Content, use or misuse of any portion of the Service, or your
violation of these Terms of Use or the Subscriber Agreement. You shall
co-operate as fully as reasonably required in the defense of any such claim or
demand. SHOPPROPERTY and any third party involved in creating, producing, or
delivering the Service reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, at your
expense, and you shall not in any event settle any such matter without the
written consent of SHOPPROPERTY and any third party involved in creating,
producing or delivering the Service.
Cookies
Some areas of this Service use and require that your computer accept
"cookies." Cookies are small text files that are stored on your
computer to keep track of settings or data for a particular web site. Cookies
make it possible and easier for you to access and use certain areas of this
Service. You can disable the cookies we attach to your hard drive if your browser
supports this. For information on how to do this refer to
http://www.aboutcookies.org or e-mail us at info@costar.co.uk. However, you
should be aware that if you exercise this option, you may be unable to use some
of our on-line services.
Trademarks
The Service employs various trademarks and service marks of SHOPPROPERTY and of
other third parties. All of these trade marks and service marks are the
property of their respective owners. You agree not to use or display them in
any manner without the prior written permission of the applicable trademark
owner.
Ownership
You acknowledge that SHOPPROPERTY and its licensors have and shall retain
exclusive ownership of all proprietary rights in or to the Service, including,
without limitation, all U.K., U.S. and international intellectual property and
other rights such as patents, trade marks, database rights, copyrights and
trade secrets. You shall have no right or interest in any portion of the
Service except the right to use the Service as set forth in these Terms of Use
and, if you are a Subscriber, your Subscriber Agreement. You acknowledge that:
(a) the Software, Database, Information and Service constitute the valuable
property and confidential copyrighted Information of SHOPPROPERTY and its
licensors (collectively, the "Proprietary Information"); and (b)
Subscriber shall have no right or interest in any portion of the Service or
computer programs except the right to use such Service as set forth in this
Agreement. You agree to (i) comply with all copyright, trade mark, database
rights, trade secret, patent, contract and other laws necessary to protect all
rights in the Proprietary Information, (ii) not challenge SHOPPROPERTYs and
its licensor's ownership of (or the validity or enforceability of their rights in
and to) the Proprietary Information, and (ii) not remove, conceal, obliterate
or circumvent any copyright or other notice or license, use or copying
technological measure included in the Service. You shall be liable for any
violation of the provisions of this Agreement by your employees, Independent
Contractors, affiliates and agents and for any unauthorised use of the Service
by such persons.
Fees
You are responsible for the timely payment of any fees incurred by your use of
components and services available on the Site or via links to other web sites,
and all taxes applicable to your use of the Service and for all charges
associated with connecting to the Service, including without limitation
telephone access lines (including long-distance charges, when applicable),
telephone and computer equipment and any service fees necessary to access the
Service. If you are a Subscriber,
nothing in this Agreement shall impact the fees that are due under your
Subscriber Agreement.
WE RESERVE THE RIGHT, AT ANY TIME AND FROM
TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR
ACCESS TO THE SERVICE OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE
SERVICE, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
Jurisdiction
These online Terms of Use shall be governed and construed in accordance with
English law, and you and SHOPPROPERTY hereby submit to the exclusive
jurisdiction of the courts of England
in connection with any dispute that may arise relating to these Terms of Use.
If any material on this Service, or your use of the Service, is contrary to the
laws of the place where you are when you access it, or if SHOPPROPERTY is not
licensed as required by applicable laws or regulations in such locale, the
Service is not intended for you, and we ask you not to use the Service. You are
responsible for informing yourself of, and complying with, the laws of your
jurisdiction.
Modifications to Service;
Changes to these Terms
SHOPPROPERTY is continuously updating and changing the Service, and reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice, including, without limitation, in the event that we learn that it is
not legally permissible for Subscriber to access certain portions of the
Information. You agree that SHOPPROPERTY shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service
(or any part thereof). Additionally, we reserve the right, in our complete and
sole discretion, to change these Terms of Use at any time by posting revised
terms on the Service. Amendments to these Terms of Use shall be effective upon
publication. It is your responsibility to check periodically for any changes we
may make to the Service and these Terms of Use. Your continued use of this
Service following the posting of changes to these terms or other policies means
you accept the changes.
Miscellaneous
These Terms of Use contain the entire understanding of the parties with respect
to the product and supersede any prior oral or written statements and documents
with respect to such subject matter; provided, that these Terms of Use do not
supersede any written license agreement between the parties. In the event any
portion of these Terms of Use not being of a fundamental nature is held to be
invalid, illegal or unenforceable, such part shall be deemed severed from these
Terms of Use without invalidating the remaining provisions of these Terms of
Use or affecting the enforceability of such remaining provisions. If a
provision is held to be invalid, illegal or otherwise unenforceable, it shall
be deemed to be replaced with an enforceable provision that retains the intent
and benefits of the original provision. No waiver by SHOPPROPERTY of any right
under or term or provision of these Terms of Use will be deemed a waiver of any
other right, term, or provision of these Terms of Use at that time or a waiver
of that or any other right, term, or provision of these Terms of Use at any
other time. These Terms of Use apply to your use of the Service and not to any
other areas, including, without limitation, SHOPPROPERTYs research activities.
All notices to SHOPPROPERTY pertaining to these Terms of Use will be in
writing, mailed by registered or certified mail, return receipt requested, or
delivered by a well-recognised overnight or international carrier, delivered to
40 Portman Square, London, W1H 6LT. Except as provided in or contemplated by this
Agreement, a person who is not a party to this Agreement shall have no right under
the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
Thank you for visiting our Site