Main Street USA Marketing and/or its subsidiaries, affiliates, assigns, licensors own all software, design, text, images, files, photographs, illustrations, audio clips, video clips, artwork, graphic material, program features, documents, and information or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, trade names, and logos (collectively, the “Materials”) pursuant to U.S. and foreign copyright, trademark and other laws. You do not acquire ownership rights to the Materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in the Materials.
Main Street USA Marketing and/or its advertisers reserve the right to use and distribute any images, content, or links provided by Website members related to paid activity on client projects, insights collection, or technology testing.
Permitted Limited Use of Information and Materials
The Materials and contents of the Website may contain artwork, documents, images, information and other materials not proprietary to us, such as photographs, illustrations, clip art, film clips, musical passages, audio track or sound effects, or the names, trade names, trademarks, service marks, logos or designations of licensors or other third parties. Any use whatsoever of any of these materials may be strictly prohibited by such third party unless the prior written permission of such appropriate third party has been obtained.
Data collected is used in aggregate for determining reach and effectiveness of members/groups. Further, Main Street USA Marketing and its partners reserve the right to utilize API connections to determine extended reach and influence on any/all outside networks connected. Any individual information collected is deemed confidential and will never be publicly shared. All statistics and reach will only be shared publicly in aggregate or anonymously.
Any unauthorized or prohibited use of this Website or the Material may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
Editing, Deleting and Modification
We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Website, including this Agreement, without further notice to users of the Website. By way of agreement with these terms, adding member badges and tying outside social accounts to Website profiles, members acknowledge and agree that Main Street USA Marketing is collecting analytics and usage data from any/all accounts provided. Main Street USA Marketing does not tolerate plagiarism and has the right to remove members who do so.
Third Party Links
This Website may provide links to third party websites. Main Street USA Marketing is not responsible for the policies or practices or the content of such websites; the inclusion of any link to any such website does not imply endorsement or sponsorship by Main Street USA Marketing of such website or any matter or thing or content on the website.
Procedure for Making Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
You agree that you will not use the Website to obtain and send unsolicited email.
Disclaimer of Warranties
THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR WEBSITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
Venue; Applicable Law
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.
From time to time, CMP may hire a Member to perform certain tasks and created certain materials (collectively, the “Services”) on behalf of a CMP client (the “Client”). If a Member is engaged to perform Services for a Client, the Member hereby agrees to the following terms and conditions:
1. Payment terms are Net 30 days via PayPal.
2. The Member agrees that he/she is not an employee of CMP, and the Member’s only relationship to CMP is that of an independent contractor. The Member shall not be covered by, entitled to participate in, nor receive any of the benefits of any retirement, pension, profit sharing, stock option, bonus, health, hospitalization, vacation, insurance, workers’ compensation, disability or similar plan, arrangement or benefit now maintained or hereafter established by CMP.
3. Main Street USA Marketing shall not pay or withhold any taxes of the undersigned.
4. The Member shall perform the Services to the best of Member’s ability. Due to the nature of these Services, it is crucial for CMP and CMP’s client that the Services be performed completely and accurately by the Member. By accepting an assignment, the Member agrees to completely perform the Services. If there is non-performance or only partial performance of these Services, whether or not due to any fault on the part of the Member, the Member understands that he/she will not be paid for the Services.
5. The Services are “Work Made for Hire” and ownership will be with CMP and the Client. The Client shall have the right to use the Services without attribution any project for which the Member has been retained. For all future advertising, the Client may have the right to use the Services in which the in perpetuity and in all medium if the Client provides some form of reasonable attribution to the Member. In addition, on a case by case basis, the Member may be able to receive some additional consideration from CMP or the Client.
6. The Member agrees that neither Main Street USA Marketing nor the Client shall be held liable by the Member for all claims, damages, demands, and liabilities of every conceivable kind or nature whatsoever, against Main Street USA Marketing or the Client emanating from Member’s Services.
7. The Member shall not have the authority to bind Main Street USA Marketing, nor any Client in any contract.
8. The Member shall defend, indemnify and hold harmless Main Street USA Marketing, its Clients, their affiliates, parent companies, subsidiaries and their officers, directors, agents and employees from and against all actions, costs, claims, losses, expenses and/or damages, including attorney fees, arising out of or in any way relating to or incidental to the performance of the Services.
9. If the Member receives any confidential and/or proprietary information regarding Main Street USA Marketing of the Client(s), the Member shall not disclose or use any such information.
10. These terms and conditions shall be governed by the laws of the State of Michigan, irrespective of any applicable principles of conflict of laws.
11. The Member shall follow all other written directions provided by Main Street USA Marketing.