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These terms of use (the “Terms of Use“) (together with the documents referred to in it) tell you the terms on which you may make use of this website Momento (momentoliving.com) (the “Website”).
This Website is made available to you by Greystar Europe Holdings Limited (“Greystar”). Please read these Terms of Use carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website.
The Terms of Use do not alter the terms and conditions of any agreement you may have with Greystar or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and Greystar, the Terms of Use are the entire agreement between you and Greystar and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Greystar about this Website.
Greystar may modify the Terms of Use from time to time by publishing the modified terms on the Website. Any modifications shall take effect [3 days] after posting on the Website.
You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.
Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
Greystar reserves the right to change, modify, substitute or remove without notice any information on the Website from time to time.
Access to the Website is free of charge.
Greystar does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. Greystar will try to give you reasonable notice of any suspension or withdrawal.
Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by Greystar (collectively, the “ Materials”) or (ii) provided by third party licensors and suppliers to Greystar (collectively, the “ Third Party Content”). All rights not expressly granted in and to the Website, the Materials and the Third Party Content are reserved to their respective owners, subject to copyright and other intellectual property rights under English and foreign laws and international conventions.
You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and Third Party Content therein.
The Materials contain trademarks, service marks and trade names which are owned by Greystar and its affiliates. Except as otherwise noted in the Website, you are hereby authorised to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:
1. Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.
2. Greystar reserves the right to revoke such authorisation at any time, and any such use by you shall be discontinued immediately upon notice from Greystar.
The Third Party Content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the Third Party Content, you agree only to display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. You acknowledge and agree that the Third Party Content does not reflect the views of Greystar and that Greystar is not responsible for any views, ideas, positions, materials and the like contained in any Third Party Content.
Without limiting the generality of the foregoing, unless you have the express prior written consent of Greystar or written permission from a third party with respect to such party’s Third Party Content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and Third Party Content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and Third Party Content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and Third Party Content) for any other purpose whatsoever without the prior written consent of the respective owners.
You are granted a limited, nonexclusive right to create a “hypertext” link to the Website provided that such link is to the entry or home page of this Website and does not portray Greystar or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by Greystar at any time for any reason whatsoever. You may not use, frame, or utilise framing techniques to enclose any Greystar trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of Greystar in each instance. In addition, you may not use any meta-tags or any other “hidden text” utilising a Greystar or Greystar affiliate name, trademark, or product name without express written consent from Greystar in each instance.
The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Greystar.
If you use these links, you may leave the Website. Greystar has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. Greystar does not endorse any opinion, recommendation or advice expressed therein or make any representations about third party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and Greystar shall not be liable to you in respect of any loss or damage which you may suffer by using those websites.
You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against Greystar in connection therewith. You further understand and acknowledge if you decide to access any of the third party sites linked to the Website, you do so entirely at your own risk. You agree that you will not involve us in any dispute between you and the third party website operator.
Properties
All images, floorplans and particulars included herein are for illustrative and indicative purposes only. Individual features and layout may vary. The specifications of the rooms, units, apartments, properties are correct at the date of print but may be subject to change as necessary and without notice. The titles used for different rooms, units, apartments, properties types are for the purposes of distinguishing them as separate products and should not be understood to imply or represent that any features, services or layout, other than those specified in the written contract, are included or provided (as applicable). Images are indicative of the quality and style of the specification and may not represent wholly the actual fittings and furnishings at a property. Specification, images and floorplans are not intended to form part of any contract or warranty unless specifically incorporated in writing into the relevant contract for the room.
Rents
All of our advertising rates are based per calendar month.
Greystar reserves the right to adjust rents due and payable under certain tenancies at any Bloom Nine Elms property from time to time, provided that such rents shall become final and binding upon your entry into a tenancy agreement for the term (subject to the terms of your tenancy agreement). Identical or similar tenancies shall not necessarily charge the same rents. By entering into a tenancy agreement, you also accept the terms of this disclaimer.
Greystar does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
In no event shall Greystar be liable to you or any third party claiming through you for any damages in connection with your use of the Website, your inability to use the website or any content appearing on the Website.
In no event will Greystar be liable to you or any third party claiming through you for any indirect loss, consequential loss, loss of data, lost revenue, lost profits, loss of use, loss of business opportunity or other economic advantage, change in law, goodwill or reputation, whether in contract, tort or otherwise arising out of or in connection with these terms of use or use of our site save where such liability cannot be excluded by law. Due to the nature of electronic transmission of data over the internet, any liability Greystar may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law.
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
Although Greystar makes reasonable efforts to update the information on the Website, Greystar makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
To the extent permitted by applicable law, Greystar disclaims all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. Greystar does not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
You may use the Website only for lawful purposes. You may not use the Website:
· in any way that breaches these Terms of Use;
· in any way that breaches any applicable local, national or international law or regulation;
· in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
· to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, hateful, inflammatory, sexually explicit, discriminatory, infringing any copyright, database right or trade mark, deceitful, in breach of any legal duty, threatening, misrepresenting your identity, promoting violence or illegal activity or giving the impression that it emanates from Greystar;
· to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
· to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms; and
· not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or Third Party Content or enforce limitations on use of the Website or any such content therein.
The information contained within press releases issued by Greystar and its affiliates should not be deemed accurate or current except as of the date the release was posted. Greystar and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.
Greystar does not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and Greystar will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
You agree to indemnify Greystar and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims and losses (including but not limited to economic loss) arising from, related to or in connection with: (i) your breach of any of these Terms of Use (including but not limited to Greystar’s Acceptable Use Policy, above); and/or (ii) your breach of any third party right, including without limitation in any Third Party Content or any other third party copyright, property, or privacy right in connection with your use of or access to the Website.
Greystar is committed to protecting your privacy. Greystar will collect and use personal data supplied by you and other users of the Website in accordance with Greystar’s privacy policy.
You will not upload the personal data of any individual to the Website unless you are legally permitted to do so.
Greystar’s cookies policy sets out information about the cookies on the Website.
Please note that these Terms of Use, their subject matter and their formation, are governed by English law. You and Greystar both agree to that the courts of England and Wales will have non-exclusive jurisdiction although these terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
The failure of Greystar to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Greystar in writing.
In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
If you have any questions regarding the Website, please contact Greystar by sending an email to ukwebmaster@greystar.com or write to us at Greystar Europe Holdings Ltd, 15 Finsbury Circus House, Finsbury Circus, London, England, EC2M 7EB.
