Last modified: 19 November 2015
All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of MOA or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of MOA and protected by U.S. and international copyright laws. MOA grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited without written permission from MOA.
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of MOA and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.
All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of MOA. Any use of these rights without the prior written permission of MOA is strictly prohibited without written permission from MOA.
You may not: circumvent or disable any content protection system or digital rights management technology used with any portion of the Site; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Site to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Site in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any portion of the Site in violation of United States export control and economic sanctions requirements or any other law.
Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, tenants, locations, descriptions, information, and other matters. MOA reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL EITHER MOA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall MOA’s aggregate liability resulting from or relating to your use of this Site exceed Five Dollars ($5.00).
As a visitor or user of the Site you shall not:
Although MOA has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, MOA reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by MOA in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
MOA may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any services without notice and MOA reserves the right to refuse service to anyone at any time, with or without cause.
MOA may provide functionality on the Site that allows you to chat with MOA representatives via our Site (“Web Chat”). The Web Chat functionality may be provided, in whole or in part, by a third party service provider. Your Web Chat with MOA shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of MOA. You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.
If you are a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, including taking reasonable steps to maintain the confidentiality of your username and password. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any portion of the Site. MOA reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
You authorize MOA and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Site. You represent and warrant that you are the only one who will make payments in connection with the Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to MOA are nonrefundable.
You are responsible for compliance with applicable laws.
Any and all questions, comments, ideas, suggestions, and other materials or information that you send or submit to MOA or a third party provider on the Site, by a Post or otherwise (collectively, “Submissions”), shall become MOA’s property; and you hereby transfer, sell, and assign to MOA all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant MOA an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. You agree that all Submissions, whether or not solicited by us, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. MOA shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
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Last Modified: 19 November 2015
We collect two basic types of information – Personal Information and Anonymous Information – and we may use personal and anonymous information to create a third type of information, Aggregate Information.
Personal Information. There are several places where MOA gives you an opportunity to provide MOA your Personal Information. MOA may ask you to provide Personal Information when you engage in certain activities on a Site or App, such as: utilizing the MOA WiFi services; signing up to receive emails; participating in social media activities involving third-party providers such as Facebook, Twitter, YouTube, Instagram, Snapchat, Pinterest, Swarm, or Yelp, whether at this Site, Mall of America-related websites, or the social media websites; filling out a survey; sending feedback; downloading, installing or using an App; or registering for sweepstakes or contests.
If you choose to share any Personal Information with MOA, you will see that the amount and type of Personal Information MOA requests depends on how you use the corresponding Site. It is completely optional for you to engage in these activities. Depending upon the activity, the information MOA asks you to provide will be identified as mandatory or voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
While you can generally browse a Site without informing MOA about who you are or revealing Personal Information about yourself, MOA is, however, able to determine your IP address, which will reveal your location to MOA. MOA may use your IP address, together with other Personal Information that you may provide to us, such as your email address, to communicate with you directly about products and services that MOA believes may be of interest based on your activity on a Site.
Anonymous Information. In general, you can browse the Site without telling MOA who you are or revealing any Personal Information about yourself. MOA, however, collects your computer’s and/or mobile device’s IP address, which you necessarily disclose when you visit a Site or download or use an App so that data (such as the web pages you request) can be sent to your computer or mobile device. The Sites and/or Apps may utilize Cookies. MOA may use Cookie data to recognize you when you visit a Site or use an App in the future, to troubleshoot how a Site or an App operates, and for internal analysis of how people use a Site or an App. Should you decide not to accept Cookies from a Site or an App, you will limit the functionality MOA can provide you.
Aggregate Information. We may occasionally use Google Analytics and/or other third-party data analytics tools to (i) monitor traffic on our Sites or Apps, (ii) use of Mall of America’s WiFi service, and (iii) use of Mall of America App and other software applications. Such tools help us to provide the kind of user-friendly, up-to-date information that online users expect to find. Personal Information is not monitored or collected through this process.
Participation in Activities. When you engage in certain activities on a Site or an App, such as by registering or logging in as a user of an App or sending MOA a message using a Site, MOA may ask you to provide Personal Information and other information. In order to engage in such activities, you will be required to provide information that allows MOA know the specifics of who you are or where you are, and may include, without limitation, your name, email address, and whether you are a guest at the Location. If you choose to share any Personal Information with MOA, you will see that the amount and type of Personal Information MOA requests depends on how you use a Site or an App. It is optional for you to engage in these activities. Depending upon the activity, some of the information MOA asks you to provide is identified as mandatory and some is voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Examples. Examples of the type of information MOA and Provider may collect and store include are: first and last name; age and birthday; gender; mailing and email addresses, including zip code; and telephone number(s); device profile created and modified dates, shared device preferences, lists of social networks associated with a user, Facebook ID, Google Plus ID, Twitter Profile URL, LinkedIn Plus ID, Cookies, native device and applications unique identifiers (UIDs), custom identifiers, and application identifiers.
We recognize the need to provide further privacy protections with respect to Personal Information we may collect from children under 13 years of age (“Children”) on Sites and Apps and in certain other instances. Some of the features on Sites and Apps are age-gated, which means that access and/or use by children is restricted or prohibited. We do not knowingly collect Personal Information from children under the age of 13 in connection with those features. Of course, MOA cannot prevent certain users, including children, from fraudulently representing their age in order to gain access to the Site or an App.
In the event MOA knowingly collects Personal Information from Children, MOA will take additional steps to protect Children’s privacy, including:
MOA may use your IP address to, among other things: (a) help diagnose problems with Sites or Apps, administer and improve Sites or Apps, and measure the use of Sites or Apps; (b) identify the type of web browsers used, the pages viewed, the web sites from which a visitor found Sites or Apps, and the search terms and search engines used to find the Site or Apps; and (c) gather other web analytics information relating to visitors’ uses and navigations of Sites or Apps. This information does not identify you personally. On occasion MOA may aggregate this data with data from other users to track overall visitor traffic patterns and provide this Aggregate Information to vendors, business partners, or other parties to demonstrate the amount of interest in Sites and Apps, help MOA plan for technical infrastructure requirements, and for other reasons.
MOA may use your information, including Personal Information, for particular activities, including, without limitation, verifying your identity, customer service, customer relationship management (CRM), marketing and research, providing promotional and other information to you (such as through email marketing), responding to your request; sending you text messages, push notifications, and other notifications through the App and/or your mobile device; and to contact you regarding administrative notices. MOA may share this information with its Affiliates or business partners in connection with any of the foregoing activities. Each of these parties’ privacy policies will govern how they use your Personal Information. While we try to be selective in working with third parties, we are not responsible for their use of your Personal Information.
If payments are involved, we must release your credit card information to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds.
From time to time, MOA may provide you the opportunity to participate in contests, sweepstakes, or surveys on our Sites or Apps. If you participate, we will request certain Personal Information from you. Participation in these surveys, sweepstakes or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information may include name, address, date of birth and email address. We may share in this information with our service provider or co-sponsors for the contest, sweepstakes, or survey.
If you have a registration or other type of account with MOA, we may associate this tracking data with your account, in which case we will treat it as Personal Information. Specifically:
Service providers that collect tracking data on our behalf may provide an opportunity for you to choose not to be tracked online.
MOA retains the right to share (including by selling) Anonymous Information and Aggregate Information with third parties for any reason. We will generally not share your Personal Information outside of MOA or MOA Affiliates except in limited circumstances, including:
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. Your controls and choices may include:
You may exercise your controls and choices, or request access to your Personal Information, by visiting MOA’s subscription and account management center, contacting firstname.lastname@example.org, or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact email@example.com.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented what we believe to be reasonable precautions and safeguards to protect the security of data and information. However, MOA cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data or Personal Information. While MOA strives to protect your Personal Information, MOA cannot guarantee the security of any information you transmit to or from a Site or an App, by email or otherwise, and you provide such information at your own risk.
You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet which are beyond the control of MOA; (b) the security, integrity, and privacy of any and all information and data exchanged between you and MOA through Site or Apps, including Personal Information, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.
Notice to California Residents: If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by certain subsidiaries or affiliated entities to third parties for the third parties’ direct marketing purposes. California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. Visit our Your California Privacy Rights page for more information.
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