Terms of Use

These website Terms of Use (“Terms”) by Empire State Realty Trust, Inc. and our affiliates (collectively referred to herein as “ESRT,” “we,” “our” or “us”) govern your use of this Website, any information provided on this Website, and any services we may provide through or related to this Website. These Terms are effective as of May 2019.

Authorized Use

PLEASE READ THESE TERMS CAREFULLY BEFORE VISITING THE WEBSITE OR USING THE ONLINE INFORMATION AND SERVICES PROVIDED THEREON. BY ACCESSING OR UTILIZING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM AND THE PRIVACY POLICY. YOUR (“YOU,” “YOUR” OR “USER”) COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE WEBSITE AND ANY PRODUCTS AND SERVICES THEREON.  IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF THE WEBSITE AND SUCH SERVICES AND PRODUCTS AND YOU SHOULD NOT USE THIS WEBSITE.  IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Unauthorized Use; Spamming

UNAUTHORIZED USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO MISUSE OF POSTED INFORMATION, IS STRICTLY PROHIBITED.

You agree that your use of the Website will be in compliance with all applicable laws and regulations, and that you will not use, or knowingly allow any other person to use, the Website for or in connection with, any illegal purpose or activity or for any purpose prohibited by these Terms.

You may not use this Website in any matter that could damage, disable, overburden, or impair it or interfere with any other party’s use or enjoyment of this Website. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website, including but not limited to (i) use of any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (ii) any attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website; (iii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (iv) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (v) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking on any other site; (vi) use the Website for transmitting obscene, threatening, defamatory, or otherwise abusive content, spamming, violating another’s privacy rights, violating intellectual property laws, hacking, transmitting any virus, worm, Trojan horse or other destructive software, or (vii) use the Website for any other unlawful, criminal, illegal, immoral, or inappropriate activities. 

You may not use the Website for any unauthorized commercial purposes. Gathering information from this Website through harvesting or automated means is expressly prohibited.  Transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation is also prohibited.

ESRT reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice.  Termination of your access or use will not waive or affect any other right or relief to which ESRT may be entitled at law or in equity.

No Offer

Nothing contained in or on the Website should be construed as a solicitation of an offer to buy, lease acquire or dispose of any interest in any security, commodity, investment, or real estate property, or engage in any other transaction.

Copyrights, Trademarks and Other Intellectual Property.

All content and material displayed or otherwise contained on the Website, and the compilation of it, including without limitation all images, text, articles, photographs, illustrations, button icons, audio clips, video clips, software, graphics, and other content materials comprising this Website, except those belong to third parties (the “Content”) are our property (or are used by license) and are protected by United States and international copyright laws.

All trademarks, service marks and trade names, including but not limited to EMPIRE STATE REALTY TRUST and the EMPIRE STATE BUILDING name and image, and associated logos (collectively referred to as the “Marks”), are trademarks of and are proprietary to ESRT, and are protected by U.S. and international trademark laws. Any use of the Marks, or any other Marks owned by or licensed to ESRT, without express written consent of ESRT is strictly prohibited. You may not use the Marks in any manner that is likely to cause confusion, or in any matter that disparages us or discredits us.

No Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download and print Content available on the Website (a) as may be expressly permitted by the Website and/or (b) solely for your personal, noncommercial use, provided that (i) you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) you make no modification to the Content, and (iii) you do not download quantities of materials to a database that can be used to avoid future downloads from the Website. Except as may be permitted by law, you must obtain our written permission before using any copyrighted material from the Website. You do not acquire any ownership rights by downloading Content from the Website. No right, title, or interest in any of the materials contained on this Website is transferred to you as a result of access, viewing, or using such Content.

By accessing or utilizing this Website, you agree not to directly or indirectly copy, post, create derivative works, modify, distribute, transmit, display, reproduce, publish, or redistribute, license, or make available the Content displayed or otherwise contained on or available via this Website, in whole or in part, or the design or layout of this Website or individual sections of it, to any third parties, or otherwise make any commercial use of the Content without the prior written consent of ESRT.

If you believe that your intellectual property has been copied and is accessible on the Website in a manner that constitutes copyright infringement, you will need to send a written or electronic communication that includes all of the following pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):

• The name, address and contact information for the complaining party;
• A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has allegedly been infringed;
• A description of and link to the infringing material sufficient to identity the copyrighted work and alleged infringement;
• A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the law or the copyright owner.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of material that has allegedly been infringed.

Written or electronic notice of copyright infringement should be mailed to ESRT’s designated agent at:

DMCA Copyright Complaints
Legal Department
Empire State Realty Trust
111 West 33^rd Street
New York, NY 10120
(212) 687-8700

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.

Promotions

The Website may contain or link to 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 Website or links therefrom 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 and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Use of Links and Third Party Content

Solely for your convenience, we may display, include or make available content, data, information, applications or materials from third parties (“Third Party Websites or Materials”) or provide links to or otherwise reference certain third party web sites. However, ESRT does not control or endorse such Third Party Websites or Materials and is not responsible for their content. By using the Website, you acknowledge and agree that ESRT is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Websites or Materials. ESRT does not represent, warrant or endorse anything with respect to Third Party Websites or Materials, is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third Party Websites or Materials, and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Websites or Materials, or for any other materials, products, or services of third parties.  These Terms apply only to this Website. Third party websites may have their own terms of use and privacy policies, for which ESRT is not responsible. We encourage you to please read the terms and conditions or terms of use policies of third party websites before accessing such Third Party Websites or Materials.

Disclaimer of Warranty and Limitation of Liability

THE INFORMATION ON THE WEBSITE IS PROVIDED “AS IS.” WE DO NOT WARRANT THE ACCURACY, CURRENCY, OR RELIABILITY OF THE INFORMATION AND MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL TO THE FULLEST EXTENT ALLOWED BY LAW. THERE IS NO EXPRESSED OR IMPLIED DUTY TO UPDATE THE CONTENT OF THIS WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND IN NO EVENT WILL ESRT HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE WEBSITE (EVEN IF ESRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFOMRATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN THE TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS, OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE.

WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THE WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER WE NOR ANY OF OUR AFFILIATES, DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR WILL HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR FROM ANY FAILURE OR INTERRUPTION OF THE WEBSITE, FROM ANY ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN PROVIDING THE WEBSITE OR THE DATA CONTAINED HEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR USE OR ACCESS, OR THE FAILURE OF YOUR USE OR ACCESS, IN CONNECTION WITH THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE RELATED CIRCUMSTANCES MAY HAVE BEEN WITHIN THE CONTROL OF US OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT.

YOU ACKNOWLEDGE THAT WE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO ANY THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION S ERVICE, TO PROVIDE OR MAINTAIN YOUR ACCESS TO THIS WEBSITE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN ESRT AND YOU. ESRT SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE ACCURACY, QUALITY, TIMELINESS, PERFORMANCE, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE INFORMATION OR SERVICES AVAILABLE ON THIS WEBSITE. ESRT SHALL HAVE NO RESPONSIBILITY TO INFORM OR NOTIFY YOU OF ANY DIFFICULTIES EXPERIENCED BY ESRT OR ANY THIRD PARTIES WITH RESPECT TO THE USE OF THE INFORMATION OR SERVICES PROVIDED ON OR BY THE WEBSITE.

YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING ITS CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. YOU AGREE THAT ESRT, IN ITS SOLE DISCRETION, MAY TERMINATE YOUR ACCESS TO OR UTILIZATION OF THE WEBSITE FOR ANY REASON WITH OR WITHOUT PRIOR NOTICE. YOU AGREE THAT TERMINATION OF YOUR ACCESS TO OR UTILIZATION OF THE WEBSITE MAY BE AFFECTED WITHOUT PRIOR NOTICE, AND YOU ACKNOWLEDGE AND AGREE THAT ESRT MAY BAR ANY FURTHER ACCESS TO THE WEBSITE. ESRT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS. TERMINATION OF YOUR ACCESS TO AND USE OF THE WEBSITE SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR ACCRUING PRIOR TO SUCH TERMINATION OR LIMIT ANY ABILITY THAT YOU OTHERWISE MAY HAVE TO ESRT.

Indemnification

Without limitation of ESRT’s other rights and remedies, you agree to indemnify and hold harmless ESRT and its suppliers, licensors, officers, directors, employees, agents, consultants, contractors, subcontractors, and affiliates from and against any claims, actions, demands, liabilities, losses, damages, costs, expenses (including without limitation reasonable attorney’s fees), or settlements arising out of or related to your use of the Website, including any material that you access or make available using the Website, any actions taken by you in connection with your use of the Website, any violation of any third party’s rights or and violation of law or regulation, or any breach of these Terms of Use.

Modifications

ESRT reserves the right to change, modify, add or remove portions of the Terms at any time for any reason and in our sole discretion by posting the modified Terms on this Website. These modifications will be effective upon posting (unless some other date is specified. We suggest that you periodically review the Terms so that you are aware of any modifications. You acknowledge that by accessing or using this Website, you are agreeing to the Terms in their then-current form.

Dispute Resolution

Any disputes, actions or proceedings relating to these Terms, or to your access to or use of the Website, will be governed by the laws of the State of New York, without regard to its conflict of law rules, and must be brought in the federal or state courts in the City and County of New York, regardless of the location of the parties. By using our Website, you irrevocably consent to the exclusive jurisdiction and venue of those courts.

You agree that if our remedy at law for any actual or threatened breach of these Terms would be inadequate, and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including without limitation, attorney’s fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys’ fees, and expenses.

Use in Other Jurisdictions

Some products and services may not be available in all jurisdictions or to all users.  The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Severability

If any of the provisions of these Terms of Use are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms of Use, which shall be given full effect, without regard to the invalid portion(s).

Privacy Policy

Please review our Privacy Policy for information on how we collect, use, disclose, and otherwise manage personal information we collect on the Website, and the measures we take to safeguard the information. By continuing to use this Website, you are agreeing to the terms of our Privacy Policy in its then-current form.

Separate Agreements

You may have other agreements with us. Those agreements are separate and in addition to this Terms. These Terms are not intended to modify, revise, or amend the terms of any such other agreements you may have with us.

Miscellaneous

When we refer to ESRT in these Terms, we are also referring to the agents, representatives, and employees of ESRT.

No failure of ESRT to enforce any of its rights under these Terms will act as a waiver of such rights.

The captions, headings, and paragraph numbers appearing in these Terms are inserted only as a matter of convenience, and in no way shall be construed as defining or limiting the scope or intent of any provision of these Terms, nor in any way affecting them.

Certain webpages and portals on this Website may contain terms and conditions in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern such webpages and/or portals.

Contact

If you have any questions, please contact us at https://www.esrtreit.com/contact/.