Welcome to Summit One Vanderbilt. By accessing or using the website located at www.summitov.com (the “Site”), which is owned and operated by Summit One Vanderbilt (“Summit” or “we”), these Terms and Conditions (“Terms”) govern your (“Your” or “You”) use and access to all the features of the Site. These Terms form a binding contract between You and Summit. By using this Site and its features, You accept and agree to all the provisions of these Terms.
If You are representing a company, corporation, or other organization, by using this Site You represent that You are fully authorized by your employer to use the Site and bind Your employer to these Terms. If you do not accept these Terms, you are not authorized to use this Site or its features. Because our Site is built on trust and professionalism, Your agreement with these Terms helps to promote that trust among all users of the Site, keeping it a safe and valuable online resource and marketplace.
Before using the Site or any of the Services, please read these Terms, our Privacy Policy, our Ticketing Policy and any other policies and notices on the Site or available as part of our on-site experience. As a condition to Your access to or use of the Services, You consent to be bound by these Terms, so please exit the Summit website and refrain for further use if You do not agree with all of these Terms.
We reserve the right to modify these Terms and Conditions at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms and Condition as modified. The last date these Terms and Conditions was revised is set forth below.
We recommend that you print a copy of these Terms for your records and future reference.
We offer various services through the Site, including access to written and visual informational content and ability to purchase Summit tickets for our immersive and observation deck experience, as well as some features that may only be available to registered users, such as the ability to receive newsletters and on-site alerts and download files (collectively, the “Services”). Your use of the Services is subject to these Terms.
The Site may only be used for informational, educational and reference purposes. You are prohibited from using the Site in any manner that:
You are prohibited from using the Site or the Services, and any data and other content that are available from the Site, for purposes of selling any other goods or services; advertising any other goods or services; conducting surveys, contests, or opinion polls; or engaging in other commercial enterprises.
You are further prohibited from using any automated, technological, manual, or other means to obtain, harvest or aggregate any data, content, e-mail addresses or other personal information of users, or information from the Site, including, without limitation, through the use of any software, code, computer robots or “bots,” “spiders,” the practice of "database scraping" or other technological means to crawl, search or extract information from the Site. You may not in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. Any attempt to gain unauthorized access to other computer systems through the Site is strictly prohibited.
You shall not, either directly or in concert with others, upload or direct to the Site any unauthorized files, viruses, malicious code, corrupted files, or any other code, programs or content that may damage the operation of Summit One Vanderbilt’s servers or the Site or engage in any denial of service attack on the Site or Summit One Vanderbilt’s servers, or engage in any other malicious acts designed to harm the Site, Summit or its business partners or affiliates. You may not restrict or inhibit any other visitor from using the Site, including by means of hacking, or engaging in spamming or flooding.
You may not frame this Site within any other web site or web page, nor may you embed in any other web page or web site any metatags, key words or hypertext links, or purchase any “Google Ads” or similar marketing tools, which refer to Summit One Vanderbilt, its affiliates, products, or services, or include Summit One Vanderbilt’s trademarks, service marks or trade names, without Summit One Vanderbilt’s prior written consent.
Summit may, in its sole discretion, change, delete, remove, or suspend any portion of the Site, or the entire Site, without notice to You and without any liability whatsoever.
In the event we learn or reasonably suspect that You, or others under Your control or direction, have breached any of these Terms, we may block, suspend, terminate, or withhold your access to the Site as we deem appropriate in our sole discretion to protect Summit and its business partners, affiliates, and other users of this Site.
All rights and goodwill in or relating to Summit One Vanderbilt’s trade names, logos, trademarks, service marks and trade dress, belong to Summit One Vanderbilt. All copyrights in any and all content featured within the Site or accessible through the Services, including without limitation all Site coding and software, Site architecture and layout, text, images, graphics, icons, designs, databases, database compilations, photographs and screen displays, belong to Summit or its partners or licensors. All such intellectual property rights are protected by United States copyright and trademark laws, and various treaties and international conventions relating to such rights. No right, title or interest in any content contained in this Site is transferred to You as a result of Your use of the Site and all such rights are reserved to Summit or its licensors.
Certain trademarks and company names that appear on the Site are trademarks or service marks of third parties with whom Summit has an affiliate or business relationship. None of these trademarks or service marks may be used without receiving the prior express written permission of the owners of such trademarks or the service marks.
You may not otherwise copy, distribute, or reproduce any content from the Site in any form without the prior written permission of Summit One Vanderbilt. You are strictly prohibited from selling any information or data obtained from this Site.
If you are permitted to upload any content or information to the Site, you grant Summit One Vanderbilt a non-exclusive, royalty-free, worldwide, perpetual, transferable license and right to use, reproduce, adapt, modify, publish, distribute, create derivative works from and display such content in any form or media, now known or hereafter invented or developed, without attributing such content or information to You. You warrant to Summit that you own the intellectual property rights in such content or otherwise have the right and authority to grant Summit this license.
Other than as expressly set forth in this paragraph, nothing in these Terms shall be deemed to grant You or any other third party any license or right to use any intellectual property of Summit or of its partners or licensors, without Summit’s prior written permission.
If you believe that material or content residing on or accessible through the website infringes your copyright, you may request that such material or content be removed by sending a written or electronic communication that includes all of the following pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):
Written or electronic notice of copyright infringement should be emailed to Summit One Vanderbilt’s designated agent at legal@summitov.com.
Pursuant to Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
Certain features of the Site are best experienced or enhanced if your computer is properly enabled and you use certain tools and shortcuts in accordance with our Accessible Design Practices. You are solely responsible for using browsers, computer hardware and software that are compatible with the Site, and for Your own Internet connections and bandwidth, including any dial-up, DSL, cable modem, fiber optic or other form of Internet access. You are solely responsible for any fees or charges that the providers of such services assess.
Summit may send notices to You, at Your option, with respect to your account preferences and profile, changes to the Site, new features on the Site or Your use of any of the Services, by sending an email message to the email address listed in your account profile, or at its option by sending You a notice via U.S. mail to the contact address listed in your account profile. You agree that we may provide notice to you through such means. Unless otherwise indicated in such notices, the notices will become effective immediately.
At Summit we respect your right to privacy.
For this reason, we may ask you to register or to provide personal information and preferences when you visit certain areas of the Site, download free information, enter contests, or request information.
We will guard the personal information you share with us to ensure the content and services that we provide on Summit are always tailored to your current, designated preferences.
When you provide Summit with your name (or alias), email address, mailing address, or telephone number, and you do not “opt out,” Summit and Summit representatives may use the provided information to alert you to special offers, updated information, new services, and other Summit information[KG1] . Beyond its representatives, Summit does not offer or allow the selling of any user-provided information to third parties.
Summit respects the rights users give us when opting to receive email communications and enforces internal policies to preserve those rights. It is our objective to retain the long-term ability to continue to communicate with our users. If you do not want Summit or Summit representatives to contact you, you may “opt out” of this preference at any time, whether you are online or contacting Summit directly. As part of your preference flexibility, you will always have the option to opt back in and have Summit contact you based on your previous or new preferences.
If you choose not to register or provide personal information, you can still visit most areas of the Summit and website; however, you will not have access to areas that require personal identification.
In order to register on the Site, you must be at least 14 years of age and by registering You warrant and represent that You are at least 14 years of age and that You understand all these Terms. All personal information you provide for purposes of registering as a user of the Site must be truthful and accurate, and You are solely responsible for updating such information if it changes.
Summit reserves the right to report any wrongdoing or illegal acts on Your part, of which we become aware, to applicable government and law enforcement agencies or otherwise, and to respond to lawful subpoenas and other requests from government agencies or law enforcement bodies seeking personal information of our Site users.
Please review our Privacy Policy to understand our practices regarding collection and use of information, which also governs your visit to the Site. The terms of the Privacy Policy are incorporated into, and considered part, of the Terms.
SUMMIT PROVIDE THE SITE AND SERVICES “AS IS,” WHERE IS AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. SUMMIT SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SUMMIT DOES NOT GUARANTEE UNINTERRUPTED, CONTINUOUS OR SECURE ACCESS TO THE SITE OR SERVICES, AND OPERATION OF THE SITE MAY BE INTERRUPTED BY VARIOUS FACTORS OUTSIDE OF OUR CONTROL. SUMMIT MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, DAMAGE, DESTRUCTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY BREACHES. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WHILE SUMMIT USE REASONABLE CARE TO ASSESS THE ACCURACY OF DATA AND INFORMATION AVAILABLE THROUGH THE SITE, WE DO NOT WARRANT THE ACCURACY OR CONTINUED AVAILABILITY AND ACCESSIBILITY OF ANY SUCH DATA OR INFORMATION. WE SHALL HAVE NO LIABILITY FOR ANY SUCH DATA OR INFORMATION OR ANY USE YOU MAY MAKE OF SUCH DATA AND INFORMATION. NOR IS SUMMIT RESPONSIBLE FOR ANY CONTENT POSTED BY ANY THIRD PARTY OR ANY USERS OF THE SITE. ANY DATA OR OTHER INFORMATION FOUND WITHIN THE SITE IS USED BY YOU SOLELY AT YOUR OWN RISK. SITE CONTENT AND TICKETING OPTIONS ARE SUBJECT TO CHANGE OR DELETION AT ANY TIME.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
Before completing any order via the Site, please carefully review your selection.
Unless otherwise noted, all prices are listed in United States dollars and may include a processing fee.
All ticket sales are final, and tickets cannot be exchanged or refunded. Please review our Ticketing Policy for additional information. The terms of the Ticketing Policy are incorporated into, and considered part, of the Terms.
Certain links in the Site that direct You to other web sites are made available to You and are provided solely as a courtesy, for information purposes only, or for your convenience. Except where a link directs you to another site that is under the direct control and administration of Summit or its affiliates, links do not reflect any recommendation or endorsement by Summit of any content or services offered through any third-party sites and Summit shall have no liability whatsoever for the content or service offerings of such third-party sites, which are governed by their own terms of use and privacy policies, which you should review carefully.
Websites operated by persons or entities other than Summit may contain hyperlinks to this website. You agree not to hold Summit responsible for the content or operation of such third-party websites. A hyperlink to this website on another website does not imply or mean that Summit endorses either the content of the website containing the hyperlink to this website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites which might link to this website.
In certain instances, you may be able to connect and/or link to a Summit social media site including but are not limited to Summit’s Facebook Page and Groups, Twitter account, Google My Business Page, YouTube, Pinterest, TikTok, Snapchat, and Instagram (“Social Media Sites”).
The Social Media Sites are social media locations for You to connect to and learn about Summit. Summit reserves the right to (a) refuse, edit, remove, modify any content; (b) block disruptive users and (c) discontinue any Summit Social Media Site Summit does not create, control, represent or endorse any opinions or statements expressed by others on its Social Media Sites, including those that Follow or Like Summit and those Followed or Liked by Summit. Summit’s following of another user’s account, “likes” of another page, re-tweets, “favorites,” shares or otherwise re-posting another’s content, does not constitute an endorsement by Summit.
Summit is not responsible for the terms and conditions, privacy policy, or content of any social media site.
Summit may provide third party content (including advertisements) on the site. Summit does not endorse or evaluate third party content, and Summit does not assume responsibility for third parties’ actions, submissions or omissions. We have no obligation to monitor User Submissions or Third Party Content. You agree that Summit will not be liable of User Submissions or Third Party Content or any loss or damage resulting therefrom.
We use multiple caching and data delivery technologies to facilitate media distribution and enhance media performance for you. When you access a video on our website, we may use a third-party service that uses the processing capabilities, memory and bandwidth on your computer, mobile phone or other applicable device to transmit content and other data or features to you and to other users of the website, and to facilitate the operation of the network on which the service runs. You are solely responsible for any telecommunication or other connectivity charges incurred through the use of the service.
This Site and/or Summit’s Social Media Accounts may contain sweepstakes, contests, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
Unless specifically requested, Summit does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via the contact email(s) made available on the Site).
Accordingly, if you send Summit any information or creative works including, without limitation, idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material (“Submitted Material”) reviews, concerning Summit or any of our Services, including by tagging our social media accounts or hashtagging with Summit identifiers, you grant Summit a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes.
You further represent and warrant that you have the right (including rights of privacy and rights of publicity) to submit the Submitted Material and authorize Summit to use Submitted Material as permitted by the license in this section, that the Submitted Material does not violate the rights of any other person or entity, and that your Submitted Material does not contain the confidential or proprietary information of any third party or parties. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment or other content. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
SUMMIT SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIMS, LOSSES OR DAMAGES THAT ARISE FROM OR SEEK LOST PROFITS, LOST ANTICIPATED SAVINGS, LOSS OF GOODWILL, INJURY TO REPUTATION, LOSS OF BUSINESS OPPORTUNITY OR LOST DATA. SUMMIT SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF WHETHER SUMMIT KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE.
SUMMIT IS NOT LIABLE FOR ANY ERRORS IN THE SITE OR SERVICES, OR ANY OTHER FAILURE TO PERFORM THAT IS CAUSED BY ACTS OF GOD AND OTHER EVENTS BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, POWER FAILURES OR BROWNOUTS, TRANSMISSION FAILURES, SERVER FAILURES, THIRD-PARTY DENIAL OF SERVICE ATTACKS, VIRUSES, SOFTWARE AND OTHER TECHNICAL PROBLEMS, INABILITY TO ACCESS THE SITE, OR ANY FAILURE, DELAY OR ERROR IN SENDING OR RECEIVING ANY INFORMATION OR DATA ON OR THROUGH THE SITE. SUMMIT ALSO ARE NOT LIABLE FOR ANY CONTENT POSTED ON THE SITE BY YOU OR OTHERS, OR INFORMATION PROVIDED BY YOU OR OTHER THIRD PARTIES TO SUMMIT THROUGH THE SITE.
IN ALL CASES, AND WITHOUT LIMITING ANY OF THE FOREGOING LIMITATIONS, THE TOTAL LIABILITY OF SUMMIT TO YOU UNDER THESE TERMS FOR ACTUAL, DIRECT DAMAGES (WHETHER ARISING IN TORT, NEGLIGENCE OR OTHERWISE) WILL NOT EXCEED THE SUM OF $100 OR ANY LARGER AMOUNT PAID BY YOU FOR ANY SERVICES RECEIVED THROUGH THE SITE. NOTWITHSTANDING THE FOREGOING LIMITATIONS, NOTHING IN THESE TERMS WILL OPERATE TO EXCLUDE OR LIMIT SUMMIT’S LIABILITY FOR ITS OWN GROSS NEGLIGENCE OR ACTUAL FRAUD.
You agree to defend, indemnify and hold harmless Summit and its affiliates, officers, directors, employees and agents, from and against any and all actual or alleged liabilities, claims or demands, and any resulting damages and expenses (including attorneys‛ fees and costs), that may arise out of, relate to or otherwise concern any of these Terms or Your use of the Site and Services, including without limitation any breach of these Terms by You, or any employees or agents of any entity on whose behalf you use this Site, and any breach of any representation or warranty given by You. Summit shall be entitled to participate in such defense at its own cost and expense.
Summit makes no representation that materials on this website are appropriate or available for use in locations outside the United States. If you access this website from outside the United States you are responsible for compliance with local laws.
These Terms shall be governed in all respects by the laws of the State of New York, without regard to New York’s conflicts of law principles. In addition, Summit’s and trademark rights are further governed by United States copyright and trademark laws, and various treaties and international conventions relating to such rights. Use of this Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph.
IN THE EVENT OF ANY DISPUTE OR CLAIM CONCERNING OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE AND SERVICES, YOU AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE AND COUNTY OF NEW YORK AND WAIVE ANY OBJECTION OR DEFENSE BASED ON VENUE OR INCONVENIENT FORUM.
Summit may revise these Terms at any time by posting the amended Terms on the Site. If you are a registered user of the Site, Summit may, at its option, also e-mail to you notice of the amended Terms. The amended Terms will be effective as of the date they are posted. We may also add, remove, or modify some or all of our Services at any time. Your continued use of the Site after any amendments are made to the Terms constitutes Your acceptance of all such amendments. You should therefore check the Terms each time you use the Site to ensure that you are aware of the current version of the Terms and will comply with those Terms.
If any portion of these Terms is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, then the rest of the Terms shall remain valid and enforceable to the fullest extent permitted by law.
These Terms are for the benefit of Summit and its subsidiaries, affiliates, successors and assigns and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The headings in these Terms are for reference purposes only.
These Terms constitute the entire agreement between You and Summit respecting the subject matter contained in these Terms. These Terms supersede any and all other understandings or agreements, written or oral, regarding such subject matter. You acknowledge that You have not relied on any oral or written representations or statements of any third party or Summit, except as expressly set forth in these Terms. Any failure of Summit to act with respect to any breach by You or others, or to exercise or enforce any right or provision of these Terms (i) shall not act as a waiver of any such rights or any related remedies unless such waiver is put in writing by Summit, and (ii) shall not act as a waiver with respect to any subsequent or similar breaches by You.
You acknowledge that you have read these Terms, understand them, and agree to be bound by them.
If you have a question or complaint regarding the Site, please contact us at summitov.com/contact. You may also contact us by writing to:
Summit One Vanderbilt Marketing Department
420 Lexington Avenue
24th Floor
New York, NY 10170
Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
Dated: 4/22/2021
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| Address — | 45 E 42nd St, New York, NY 10017
Entrance located on the Main Concourse of Grand Central Terminal |
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