Last updated: August 20, 2019
Please read these Terms and Conditions carefully before using the https://pittsburghyards.com website (the “Site”) operated by 352 University Avenue LLC, dba Pittsburgh Yards (“Pittsburgh Yards”, “us”, “we”, or “our”).
If you do not want to agree to these Terms, you must not access or use the Site.
The Site is intended for use by those who are in the United States who are 18 years of age or older. By using this Site, you represent and warrant that you meet all of these eligibility requirements. If you do not, you must not access or use the Site. Pittsburgh Yards makes no claim that the Site or any of its content is accessible or appropriate outside of the United States.
Changes to the Terms and Conditions
Access and Use of the Site
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms.
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products through it.
We may modify, update, discontinue, suspend, or withdraw any or all parts of the Site at our sole discretion and without notice to you. We shall not be liable to any user or other third parties for any such modification, update, discontinuance, suspension, or withdrawal. Subject to full compliance with these Terms, we grant you a nonexclusive, non-transferable, non-sublicensable, terminable license to access and use the Site and its Contents for your personal and non-commercial use. You agree to not access, reproduce, duplicate, copy, sell, resell, modify, distribute, transmit, or otherwise exploit the Site and its Contents for any purpose except for your personal and non-commercial use and as described in these Terms, without our express written consent.
We reserve the right to investigate, suspend and/or terminate your account if you have misused the Site. You must not use the Site:
- In a way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
- To impersonate or attempt to impersonate Pittsburgh Yards, a Pittsburgh Yards employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- In any manner that could disable, overburden, damage, or impair the Site, such as attacking the Site via a denial of service attack or a distributed denial of service attack; or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
You may not create hypertext links to the Site without our prior written consent.
You may need to create an account to access some of the features of the Site. You will be asked to provide personally identifiable information (“PII”) about yourself, including your name, email address, shipping address, and phone number. You agree that you will provide accurate, current, and complete information about yourself, and maintain and promptly update your PII contained in your account profile. You agree not to share your account password and to keep it confidential. You must notify us immediately in the event you become aware of any security breach or unauthorized use of your account.
We reserve the right to terminate access to your account any time if you have breached these Terms.
By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information that we may send from time to time. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Contests, Sweepstakes and Promotions
Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Site, including its legality, reliability, and appropriateness.
By posting Content on or through the Site, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Site you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms.
Pittsburgh Yards has the right but not the obligation to monitor and edit all Content provided by users. Further, we have the right to remove or refuse to post any Content for any or no reason in our sole discretion. We have the right to take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may terminate or suspend your access to all or parts of the Site for any or no reason, including for violating these Terms. We may take appropriate legal action, including and without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
In addition, Content found on or through this Site are the property of Pittsburgh Yards or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Use of User Generated Content on Social Media
You may post or upload Content you have created, including without limitation, photographs, your social media handle, videos, and comments to your social media accounts (“Social Media Content”). By posting and uploading Social Media Content and tagging or including any of the #PittsburghYards, #WeArePY, or other Pittsburgh Yards or The Nia Building brand hashtags (the hashtags collectively as “Pittsburgh Yards tags” and such content collectively as “Pittsburgh Yards-tagged Social Media Content”), you grant Pittsburgh Yards, each of its affiliates, including, but not limited to UA Associates I, LLC, and their respective third-party service providers who provide content management services (collectively the “Licensed Parties”), a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, sub-licensable right and license to copy, use, publicly display or perform, reproduce, distribute, modify, or create derivative works from your Pittsburgh Yards-tagged Social Media Content. You understand and agree that a Licensed Party may use your Pittsburgh Yards-tagged Social Media Content in any manner and on any media or platform in the Licensed Parties’ sole discretion, including but not limited to on our webpages, social media pages, and in other marketing, promotional and advertising initiatives, anywhere in the world in any media now or hereafter known. You agree that you have no expectation that we will review, use, acknowledge, attribute, or compensate you for the same.
You also agree and grant to the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Pittsburgh Yards-tagged Social Media Content.
You represent and warrant that (i) you own all rights in and to your Social Media Content, (ii) you have consent or permission from any and all person(s) appearing in your Pittsburgh Yards-tagged Social Media Content to portray them therein and grant the rights granted herein; (iii) you are at least 18 years old, and (iv) the Licensed Parties’ use of your Pittsburgh Yards-tagged Social Media Content as described in these Terms will not violate the rights of any third party or any state, federal, or international law and regulations.
YOU FULLY RELEASE, DISCHARGE AND AGREE TO HOLD HARMLESS THE LICENSED PARTIES AND ANY PERSON ACTING ON THEIR BEHALF, FROM ANY LIABILITY RELATED IN ANY WAY TO THE LICENSED PARTIES’ USE OF YOUR PITTSBURGH YARDS-TAGGED SOCIAL MEDIA CONTENT.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org
The Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pittsburgh Yards, its licensors, or other providers of such material and are protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may store files that are automatically cached by your web browser for display enhancement purposes. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pittsburgh Yards.
No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and/or other laws.
The term Pittsburgh Yards, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or that of our affiliates or licensors. You must not use such marks without our prior written permission.
Links To Other Web Sites
Our Site may contain links to third-party web sites or services that are not owned or controlled by us. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Pittsburgh Yards shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Linking to the Site
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
We reserve the right to withdraw linking permission without notice.
You may not: (1) establish a link from any website that is not owned by you; (2) Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example framing, deep linking, or in-line linking; (3) link to any part of the Site other than the homepage; and (4) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Site.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER PITTSBURGH YARDS NOR ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PITTSBURGH YARDS NOR ANY PERSON OR ENTITY ASSOCIATED WITH PITTSBURGH YARDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PITTSBURGH YARDS NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PITTSBURGH YARDS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Pittsburgh Yards, its affiliates, licensees and licensors, and service providers, and their respective employees, contractors, agents, officers and directors, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, fees, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL PITTSBURGH YARDS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE INCLUDING ANY LINKS TO OR FROM THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN FORESEEABLE, OR IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
All matters relating to the Site or these Terms, and any dispute or claim arising from or relating to thereto shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.
Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.
If you have any questions about these Terms, please contact us.