MOAC Mall Holdings LLC, MOA Entertainment Company LLC, and North Pad Development, LLC (“MOA” shall mean any of the foregoing entities and their subsidiaries, including any entity that controls MOA®, is controlled by MOA or is under common control with MOA (each an “Affiliate”), are committed to protecting your privacy and demonstrating care and respect with regard to our treatment of any ‎Personal Information, defined herein, that we may obtain from you. This privacy policy (the “Privacy Policy”) is designed to provide transparency into our privacy practices and principles, in a format that our guests can navigate, read and understand. MOA will not share your personal information with any third parties without your permission except as provided in this Privacy Policy. We are dedicated to treating your Personal Information with care and respect.

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY.

IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO 
US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OUR SITES OR USE OUR SERVICES. YOU MAY WITHDRAW YOUR CONSENT TO THE USE OF YOUR PERSONAL INFORMATION BY SENDING YOUR WRITTEN REQUEST TO PRIVACY@MALLOFAMERICA.COM. MOA’S CONTINUED USE OF YOUR PERSONAL INFORMATION, AFTER YOU WITHDRAW YOUR CONSENT TO ITS USE, MAY BE REQUIRED FOR MOA TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

We will change this Privacy Policy periodically. We will not reduce your rights without your consent. The date at the beginning of this Privacy Policy indicates when the most recent changes to this Privacy Policy were posted. 

This Privacy Policy describes the treatment of information provided to or collected on the following websites (hereinafter referred to collectively as the “Sites”):
 

• mallofamerica.com;
• nickelodeonuniverse.com;
• tix.mallofamerica.com;
• store.mallofamerica.com;
• shop.nickelodeonuniverse.com;
• crayolaexperiencemn.com;
• store.nickelodeonuniverse.com; and 
• other Sites where this Privacy Policy is posted, and in instances as otherwise indicated by MOA.

This Privacy Policy also applies to the treatment of personal information provided or collected by or on any software applications  (each  an  “App”) we make available on third-party sites or platforms if disclosed to you in connection with your use of the App.

When you use or access the Sites or Apps, or interact with a service provided by MOA, including by physically entering Mall of America property, you agree to the terms of this Privacy Policy.  Your visit to the Sites, use of Apps, and interaction with a service and any dispute arising out of such visit, use or interaction is subject to the Terms of Use, including limitations on damages and application of the law of the State of Minnesota. 

Your use of the Sites and Apps and interactions with services is strictly voluntary.  You should not use the Sites or Apps or interact with a service if you do not agree to the terms of this Privacy Policy.

1. Definitions
For purposes of this Privacy Policy:

“Aggregate Information” means information about groups or categories of data, which does not identify and cannot reasonably be used to identify an individual.

“Anonymous Information” means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual.
"Biometric Information" means a repeatable and measurable physical or
behavioral characteristic that is used to identify an individual, including but
not limited to a retina or iris scan, fingerprint, voiceprint, or scan of hand or
face geometry.
“Cookies” means anonymous, unique identifiers that a website places on the hard drive of your computer or mobile device when you visit the website.  Cookies may involve the transmission of information from us to you and from you directly to us, to another party on our behalf, or to another party in accordance with its privacy policy.
“Flash Cookies” means local shared objects that are used to store personalized information based on visits to websites.
“Personal Information” means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address or telephone number. When Anonymous Information is directly or indirectly associated with Personal Information, this Anonymous Information also is treated as Personal Information.
“Location” means the premises of Mall of America.
“Web Beacons” means small pieces of data that are embedded in images on the pages of Sites. Web beacons may involve the transmission of information directly to us, to another party on our behalf, or to another party in accordance with its privacy policy.


2. Types of Information MOA Collects
We collect two basic types of information – Personal Information and Anonymous Information.  We may use personal information 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  your Personal Information to MOA. MOA may ask you to provide Personal Information when you engage in certain activities on a Site or an App, such as: utilizing the MOA WiFi services; signing up for the Mall of America newsletter; participating in social media activities involving third-party providers such as Facebook, Twitter, YouTube, Instagram, Snapchat, Pinterest, Swarm, or Yelp, whether at this Site or the social media websites; Chat; filling out a survey; sending feedback; downloading, installing or using an App; registering for sweepstakes or contests; or using a cell phone to send text messages to or call MOA.

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.

Biometric Information. MOA collects biometric information from you when you physically enter Mall of America property for the sole purpose of detecting the presence of a person of interest (POI). POIs are individuals who are currently on a trespass at MOA, who may be a threat to the MOA environment, who were identified to MOA by law enforcement, or who are missing or may be in danger.

If you are a POI, photos of you are uploaded into the facial recognition system. The technology creates signatures by extracting facial measurement data—a mapping of an individual’s face. The technology monitors and works to match the faces on the video cameras with the signatures of the uploaded images. If a signature does not match an uploaded POI signature, the signature is not stored. If a signature is flagged as a potential match to a stored POI signature, the software system alerts the security team that a POI might be on property, which triggers further investigation by the security team.

MOA strictly limits access to your biometric information: it is only disclosed (if at all) when MOA provides access to its secure system to enable a vendor to perform maintenance.

MOA keeps this biometric information no longer than needed to fulfill the purposes for which it was collected. For POIs, MOA will keep biometric
information (in the form of a POI signature) for the duration of the bar, threat, or status as missing or in danger. For guests who are not POIs, a signature is created while the system determines whether the guest may be a POI and then is permanently deleted once the analysis is complete. This analysis and deletion of signatures occurs in near real-time. For more information, please visit mallofamerica.com/frt.

Anonymous Information. While you can generally browse a Site without informing MOA about who you are or revealing Personal Information about yourself, MOA does collect your computer’s and/or mobile device’s IP address, which is automatically disclosed when you visit a Site, as well as when you download or use an App so that data (such as the web pages you request) can be sent to your computer or mobile device. 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 to you based on your activity on a Site. You have the ability to opt-out of receiving such promotional communications by updating your account settings or by following the unsubscribe instructions within any promotional communication you receive from MOA.

The Sites and/or Apps may utilize Cookies. For more information about how MOA uses Cookies please visit our Cookie Policy.

Aggregate Information.  We may use Google Analytics, third-party data analytics tools, and/or third party licensors to monitor: (i) traffic on our Sites or Apps, (ii) use of Mall of America’s WiFi service, and (iii) use of any Mall of America App and other software applications. MOA uses these analytic tools for MOA’s business purposes and to help us provide the kind of ‎user-friendly, up-to-date information that online users expect. Personal Information is not monitored or collected through this process and Aggregate Information does not include (directly or by inference) any information identifying you or any identifiable individual.
MOA uses these analytic tools and other various technical measures to gather and anonymize this data to prevent the information from being associated with any particular individual. These tracking tools are necessary to help us customize and continually improve our users’ experience, to gather demographic information about our customers and the visitors to our Sites, to offer our products and services, to monitor and track our marketing programs, and to serve targeted advertising on our Sites.

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 or Chat, MOA may ask you to provide information including Personal Information. In order to engage in such activities, you will be required to provide information that allows MOA to 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 one of our Locations. 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 identified as 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 may collect and store includes: first and last name; age and birthday; gender; mailing and email addresses including zip code; 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 application unique ‎identifiers (UIDs), custom identifiers, and application identifiers.‎  

California Residents and Your Rights
If you are a California resident, you may have certain additional rights. Under California’s “Shine the Light” law, California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from MOA, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2020 will receive information regarding 2019 sharing activities). To obtain this information from MOA, please email us at privacy@mallofamerica.com with “Shine the Light” in the subject line and in the body of your message. We will provide the requested information to you at your e-mail address.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

In addition, California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding the disclosure of their Personal Information to third parties by certain subsidiaries or affiliated  entities for the third parties’ direct marketing purposes. MOA, through our Sites, Apps or other means may have collected information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (“Personal Information”).

In addition, the California Business and Professions Code, Section 22581, permits registered users who are minors to request and obtain deletion of certain posted content. To learn more about the Personal Information we may have collected and what your rights are under the CCPA and Section 22581 of the California Business and Professions Code, please review our NOTICE TO CALIFORNIA RESIDENTS.


4. Residents of Countries outside the United States
At MOA, we are committed to being transparent with our customers regarding our privacy practices and compliance with the European Union (“EU”) privacy regulations known as the General Data Protection Regulations (“GDPR”), the Canadian privacy regulations known as PIPEDA, and other applicable data privacy regulations globally. In certain situations, MOA may transmit personal information collected on our Sites and through the use or purchase of goods or services to our affiliates or third-party service providers in other countries.  At all times such data transfers will be in furtherance of the purposes set out in this Privacy Policy. If Personal Information is transmitted from Europe to other countries, we will ensure that all Personal Information will be transferred with safeguards equivalent to those provided by the European data protection laws. For more information on the safeguards implemented by MOA, please review our GDPR PRIVACY PRACTICES STATEMENT.

5. How MOA Collects Your Information
MOA may use your IP address to, among other things: (a) help diagnose problems with our Sites or ‎Apps, administer and improve our Sites or Apps, and measure the use of our Sites or Apps; (b) identify the ‎type of web browsers used, the pages viewed, the websites from which a visitor found our Sites or ‎Apps, and the search terms and search engines used to find our Site or Apps; and (c) gather other ‎web analytics information relating to visitors’ uses and navigations of our Sites or Apps.  
If you choose to use a mobile device with our Apps, WiFi or other services, your location information may be shared. When visiting Mall of America property, cameras are used in and around our Locations for operational and security purposes. 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, to help MOA plan for technical infrastructure requirements, and for other reasons. The Aggregate Information is anonymized and does not include (directly or by inference) any information identifying you or any identifiable individual.

6. Use of Your Information by MOA
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) on behalf of MOA, Affiliates of MOA and MOA business partners; responding to your requests; sending you text messages, push notifications, and other notifications through the ‎App and/or your mobile device; ‎contacting you regarding administrative notices; providing you with products and services that you request; communicating with you about your account; preventing, detecting, protecting against, or responding to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity; preserving the integrity or security of our systems; and investigating, reporting, or prosecuting those responsible for any such action. 

If the purchase of goods or services is involved, we must release your credit card information to credit card ‎authorization service providers and associated banks to process your payment for purchases of goods or services, 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 choose to 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 this information with our service providers or co-sponsors for the contest, sweepstakes, or survey.

7. Online Tracking and Advertising
We, and certain service providers operating on our behalf, collect information about your activities on our Sites and Apps using tracking technologies such as Cookies, Flash Cookies and Web Beacons. For more information about our use of such technologies to collect information please review our Cookie Policy.

8. Sharing Your Information with Other Companies
We will generally not share your Personal Information outside of MOA or MOA Affiliates except in limited circumstances, including:

• MOA may share or otherwise disclose your Personal Information with third-parties service providers contracted by MOA or Affiliates to assist with internal MOA marketing efforts for MOA, Affiliates and/or MOA’s business partners. Please note that once we share your Personal Information with another company, the information received by the other company becomes subject to the other company’s privacy practices.
• MOA may use and share Aggregate Information with vendors, potential advertisers, business partners, or other third parties.
• MOA may disclose Personal Information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation;  (b)  to  protect  and  defend  MOA’s rights or property or those of its Affiliates or business partners, or others; or (c) as MOA, in its sole discretion, believes is appropriate under exigent circumstances in response to a  perceived threat to the personal safety, property, or rights of any person or organization.
• Since MOA’s database is a business asset, in the event MOA is reorganized or becomes part of another organization, you consent to the sale, assignment, or transfer of your Personal Information to a successor that acquires substantially all of the business assets of MOA, or to an MOA Affiliate, as applicable.

MOA retains the right to share or sell Aggregate Information (information that is anonymized and does not include, directly or by inference, information identifying you or any identifiable individual) with third parties.

9. Other Sites
Our Sites or Apps may contain links to other websites. Additionally, other websites may contain links to our Sites. We do not review or monitor the websites linked to our Sites and are not responsible for the contents or privacy policies related to any other websites. If you visit one of these other websites, you should review the privacy policy on that website. Where a third party website or application contains a link to a Site owned and/or operated by us, the third party website may be subject to different and additional terms of service and privacy policy terms and conditions.

10. Your Controls and Choices
If you request to receive information from us, we presume that you have given us permission to communicate with you about that information, either by postal mail, e-mail, text message, social media, telephone or any other form of communication. Further, if you choose to use e-mail, text messaging or telephone for communications with MOA, such as a current condition or past experience, we will presume again that you have given us permission to communicate with you about your communication.

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 correct, update and delete your registration account;
• You may change your choices for subscriptions, newsletters and alerts; and
• You may unsubscribe from receiving offers and promotions for our products and services, or products and services that we think may be of interest to you.

You may exercise your controls and choices, or request access to your Personal Information, by contacting MOA’s by contacting privacy@mallofamerica.com, or by following instructions provided in communications we send 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 us at privacy@mallofamerica.com.


11. Data Security
The security, integrity and confidentiality of your information are extremely important to us.  We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it.  We have implemented what we believe to be reasonable precautions and safeguards to protect the security of data and information. For example, we may encrypt information using secure socket layer technology (SSL), whereby your information is converted into tiny bits of encrypted code that cannot be read by others during transmission. Our servers use this SSL technology to protect your information. However, MOA cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data or Personal Information, including credit card information that is provided to us. 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.

12. Changes to Privacy Policy
From time to time, we may change this Privacy Policy, in whole or in part, without notice to you.  You expressly waive any right to receive notice of any changes to this Privacy Policy.  We will obtain your consent where required by applicable law. MOA encourages you to review this Privacy Policy regularly in your use of a Site or an App to ensure that you are aware of current practices. Any use of a Site or an App following the date on which MOA implements changes to this Privacy Policy shall constitute your acceptance of all such changes.

13. Comments and Questions
Please contact privacy@mallofamerica.com if you have a comment or question about this Privacy Policy. 

1. Introduction
MOAC Mall Holdings LLC, MOA Entertainment Company LLC, and North Pad Development, LLC (“MOA” shall mean any of the foregoing entities and their subsidiaries, including any entity that controls MOA®, is controlled by MOA or is under common control with MOA (each an “Affiliate”),  are pleased to make their websites (each a “Website” or collectively referred to herein as “Sites”) available for your use and benefit.  These Terms of Use (“Terms of Use”) govern your use of the Sites, software applications (“App(s)”) and other services on which these Terms of Use are posted. (each a “Site”).  By using the Sites or Apps you agree to be bound by these Terms of Use as set forth below.  Use of the Sites or Apps is strictly voluntary.  
Please read these terms carefully before using the site(s) or app(s).

2. Contract between You and MOA
These Terms of Use set forth the duties and responsibilities associated your use of a Site or App and are a contract me you and the MOA entity operating the Site or App.  If you do not agree to these Terms of Use, you must immediately log off the Site or App and you may not use the Site or App.  If you breach any portion of these Terms of Use, your authorization to use the Site or App automatically terminates and you must immediately discontinue use of the Site or App.
These Terms of Use describe the limited basis on which the Sites and Apps are available and supersede prior agreements or arrangements on your use of the Sites or Apps.  Otherwise, these Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with MOA.

3. Collection of Visitor Information on the Sites
Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated.  To access and use certain services available through the Sites and Apps, you may be required to register with MOA through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

4. Copyright
All content, software, and technology included on the Sites, Apps, or used in the operation of the Sites or Apps, 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 Sites and Apps 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 Sites and Apps in connection with your own personal, noncommercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites and Apps is strictly prohibited without written permission from MOA.

5. Trademarks
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites and Apps are registered and unregistered Trademarks of MOA and others.  Nothing on the Sites and Apps shall be construed as granting any license or right to use any Trademark displayed on the Sites and Apps without the prior written permission of the owner of the Trademark.  Other product and company names mentioned in the Sites or on the Apps may be the Trademarks of their respective owners.

6. Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Sites and Apps, or used in the operation of the Sites and Apps, 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 Sites or Apps; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Sites or Apps to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Sites or Apps 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 Sites or Apps in violation of United States export control and economic sanctions requirements or any other law. 

7. Accuracy
Information on the Sites and Apps 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. 

8. Disclaimer of Warranties
THE SITES, APPS, AND ALL CONTENT, materials, PRODUCTS and services available through THE SITES AND APPS ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  MOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  MOA MAKES NO REPRESENTATION THAT THE SITES AND APPS, OR ANY CONTENT THEREIN IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  MOA MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES AND APPS IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES AND APPS WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES AND APPS. 
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES OR APPS, THAT SUCH USE IS AT YOUR SOLE RISK.

9. Limitation of Liability
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 SITES, APPS, OR THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES AND APPS, 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 a Site or App exceed Five Dollars ($5.00).

10. Prohibited Activities and Visitor Obligations

As a visitor or user of a Site or App you shall not:

• Violate any applicable law or regulation;
• Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
• Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
• Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
• Engage in any activities or manipulate identifying material to misrepresent the origin of content;
• Post any content that is subject to any disclosure restrictions;
• Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
• Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Use the Sites or Apps to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
• Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
• Interfere with or otherwise limit the use of a Site or App by other users, or collect, compile, or store personal information about other users of a Site or App;
• Disrupt or interfere with the operation of a Site or App by overloading or exceeding the capacity of the Site, App, or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site or App or any affiliated or linked sites; 
• Disrupt or interfere with the security of, or otherwise cause harm to, a Site, App, or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site, App, or any affiliated or linked sites;
• Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on a Site, App, or the content contained therein without MOA’s prior, express, and written permission; or
• Use a Site or App for commercial purposes.

11. User Content
You agree that you are solely responsible for the Post of any content that you make available on or send through a Site or App (“User Content”).  In addition to the rights granted to MOA elsewhere in these Terms of Use, you grant MOA a non-exclusive, sublicensable, irrevocable, perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Sites and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

Although MOA has no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites or Apps, MOA reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites or Apps at any time and for any reason without notice. Your User Content may be available on the Sites and Apps 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.

By the Post of User Content to a Site or App, you represent and warrant that: (a) the User Content is non-confidential and is not subject to disclosure restrictions under any applicable data privacy laws or regulations; (b) you have all necessary rights to Post the User Content to the Site or App and to grant the rights to MOA you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site or App, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.  You agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Content against us or our Affiliates (as defined in MOA’s Privacy Policy, licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.

12. Indemnification
You agree to indemnify, defend, and hold MOA and its Affiliates, agents, and its and their successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that MOA incurs or suffers which relate to your use of a Site or App, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

13. Links to Other Websites
The Sites and Apps may contain links to other websites.  Additionally, other websites may contain links to the Sites and Apps. MOA does not review or monitor the websites linked to the Sites and Apps and MOA is not responsible for the content or policies of any third party websites.  Any link established by MOA to a third party service or website does not constitute an endorsement of the other websites or create a relationship between MOA and the operators of other websites.  MOA disclaims any liability with respect to your use of any other website, and you release MOA from any liability related to your use of any link to another website or your use of any other website.  Where a Site or App contains a link to another website owned and/or operated by MOA, such website use may be subject to different and additional terms of use, privacy policy, and terms and conditions. 

14. Changes to Terms of Use
MOA may revise these Terms of Use at any time without notice.  Any use of the Sites and Apps following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites and Apps shall constitute your acceptance of all such changes. You expressly agree that MOA shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy. 

15. Continued Operation, Accessibility, and Maintenance of the Sites and Apps
MOA may modify, change, suspend, terminate or discontinue the operation of the Sites and Apps, 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.

16. Your Account
If you are a registered user of a Site or App, 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 or App.  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.

17. Payment
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 a Site or App. You represent and warrant that you are the only one who will make payments in connection with the Sites and Apps, 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.

18. General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by MOA to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota, USA without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with MOA, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.
Use of the Sites and Apps is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites and Apps is unauthorized in any jurisdiction where all or any portion of the Site or App may violate any legal requirements and you agree not to access the Sites and Apps in any such jurisdiction.

You are responsible for compliance with all applicable laws.

19. Submissions
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 a Site or App, 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.

20. Aggregated Data
If you access a Site or App you agree that you thereby grant MOA and any of its licensors a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from the your use of the Sites and Apps or any MOA services(the "Aggregated Data") for MOA’s business purposes and the business purposes of MOA’s licensor. Aggregated Data does not include (directly or by inference) any information identifying you or any identifiable individual. You hereby  further grant MOA and any of its licensors the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group. The Aggregated Data will not be considered the End User’s Confidential Information. "

21. Contact
For questions or comments related to the Sites, Apps or these Terms of Use, please email us at privacy@mallofamerica.com.