Terms of Use

Effective February 20th, 2019

Spireworks is an interactive experience for the skyline of New York City brought to you by Spireworks LLC, (“Spireworks”, “we”, “us,” or “our”). Individuals with compatible internet enabled mobile devices will have the opportunity to select the colors to be displayed in the evening hours on the dynamic lighting installations at the top of One Bryant Park, 151 West 42, and One World Trade Center (the “Installations”), all part of The Durst Organization commercial leasing portfolio. Spireworks is currently invite-only.

The terms and conditions listed below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of Spireworks. By accessing or using Spireworks, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access Spireworks. These terms incorporate the Spireworks Privacy Notice.

Changes to This Agreement

We reserve the right, in our sole discretion, to modify, alter, or otherwise change this Agreement at any time. We will provide notice of such change on the Spireworks website. You may review this Agreement periodically for changes. Your continued use of Spireworks constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of Spireworks.

Limitations on Use

You must be at least 13 years old to use or access Spireworks. If you are not 13, you are not permitted to use or access Spireworks.

Invitations and Registration

Access to Spireworks is on an invite-only basis for the moment. Invitations may be sent by Spireworks, at its sole discretion. Individuals who receive an invitation and register via Spireworks may send up to a limited number of invitations to their personal connections. When you send invitations to third parties through Spireworks, you are representing that you have permission to provide us with the e-mails of those third parties and to send emails those parties. It is expressly forbidden to sell invitations or accounts to Spireworks. Spireworks, at its sole discretion, reserves the right to close any accounts in violation of such prohibition, and to remove any unused invitations from any such accounts and any other accounts created in violation of such prohibition.

Once you receive an invitation, you will be asked to register to use Spireworks. Use of any personal information you provide to us during the account creation process is governed by our Privacy Notice. Your account is for your sole, personal use. You are entirely responsible for maintaining the confidentiality and security of your account and you are responsible for all changes and updates submitted through your account and all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account by sending an email to support@spireworks.org. We reserve the right to suspend access to or close your account at any time for any or no reason.

In creating an account, you represent that all information provided to us in such process is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own or create multiple accounts except as otherwise authorized by us.

Mobile Devices

If permitted or available through Spireworks, to (a) receive and reply to messages, or to access or make posts using text messaging, or (b) browse Spireworks from your mobile device (collectively the “Mobile Services”), you must have a mobile subscription plan and your wireless subscription plan must provide you with the necessary functionality. You may be required to pay service fees to your carrier and other third parties when accessing and using their services. You should check the plan you have with your carrier to ascertain what charges you may incur.

Use of Spireworks

You may use Spireworks solely for personal and non-commercial purposes. Keep in mind that all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply. If you want to use Spireworks in any other manner, you are required to obtain a separate agreement between you and Durst or our prior written consent. Without limiting the generality of these Terms, you specifically agree not to do the following while using Spireworks:

each as determined in our sole discretion.

We may at any time in our sole discretion (i) suspend or terminate your access to and use of Spireworks or any of their features in response to a breach of these Terms, or for any or no reason; or (ii) take any other action available at law in response to a breach of these Terms.

Our Proprietary Rights

We are the sole and exclusive copyright owners of Spireworks and our technology and content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software reports and other usage-related data in connection with the other elements and components of Spireworks and third party content (“Our Content”). As between Spireworks and you, Spireworks owns all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with Spireworks and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content or IP Rights in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to Spireworks, Our Content or our IP Rights.

Grant of License

Any software that is made available to access, use, view and/or download in connection with your use of Spireworks (“Software”), is owned or controlled by Spireworks and its affiliates and/or licensors, and may be protected by intellectual property laws and international treaty provisions. Subject to these Terms, Spireworks grants you a limited, worldwide, nontransferable, non-sublicensable, non-exclusive license to use the Software. Your use of the Software is limited to private, non-commercial use. Spireworks accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Disclaimer of Warranties

YOU BEAR THE ENTIRE RISK OF USING SPIREWORKS. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF SPIREWORKS. SPIREWORKS, ITS TECHNOLOGY AND FUNCTIONALITY, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF SPIREWORKS WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF SPIREWORKS IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SPIREWORKS.

YOUR REQUEST TO CHANGE THE COLOR OF THE SPIRES OF THE LIGHTING INSTALLATION WILL BE PLACED IN A QUEUE. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES THAT YOU WILL HAVE A TURN TO USE SPIREWORKS, OR THAT YOUR PLACE IN QUEUE WILL BE MAINTAINED OR HONORED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF SPIREWORKS, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF SPIREWORKS.

NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally.  The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, representations and warranties of any type or nature, contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright.  Your rights regarding these specific provisions will be governed by New Jersey law.  In the event of any conflict between this Agreement and New Jersey law, New Jersey law will govern.

Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) your use of Spireworks; (ii) your failure to obtain permission to send an invitation to Spireworks or to any third party; or (iii) your breach of (or your failure to comply with) these Terms.

Interpretation

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.

Governing Law/Dispute Resolution

These Terms are governed exclusively by the laws of the State of New York and the United States. Any controversy or claim relating to these Terms or Spireworks shall be submitted to the judicial courts located in New York County in the State of New York. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Severability

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.