Terms of Use
Welcome to "360MainStreet.com" (the "Site"). Thank you for visiting and have a great
time!
It is important to us that you, and our other visitors, have the best possible time
while using our Site, and that when you use this Site you are fully aware of our
respective legal rights and obligations. For that reason, we have created these
Terms of Use as the legally binding terms to govern your use of this Site. Please
read these Terms of Use carefully before using the Site, because they affect your
legal rights and obligations.
Your Acceptance of Terms
If you do not agree with any of these Terms of Use please do not use this Site,
because by using this Site you will be deemed to have irrevocably agreed to these
terms.
Areas of this Site within the proprietary online service offered by 360MainStreet.com
may be subject to additional terms and conditions, which you should read carefully
before making any use of those areas. Any such terms will not vary or replace these
Terms of Use regarding any use of this Site, unless otherwise expressly stated.
Please note that these Terms of Use may be revised and reissued without notice at
any time by updating this posting. You should visit this page regularly to review
the current Terms of Use, since your continued use of the Site will be deemed as
irrevocable acceptance of any revisions.
These Terms of Use were last updated on June 4, 2009.
This Site is controlled and operated by 360MainStreet.com., a Lunge, Inc. project,
PO Box 6634, Saginaw, MI 48608. Please forward any comments or complaints to admin@360MainStreet.com.
Please forward any questions regarding privacy to admin@360MainStreet.com.
Please forward any questions regarding other legal matters to admin@360MainStreet.com.
Your Registration
To access this Site or some of the resources it has to offer, you may be asked to
provide registration details. It is a condition of use of this Site that all the
details you provide will be correct, current, and complete. If we at 360MainStreet.com
Inc. believe the details are not correct, current, or complete, we have the right
to refuse you access to the Site, or any of its resources, and to terminate or suspend
your account.
Unless we have received a properly completed and acceptable parental consent form
governing your use of this Site, we will assume (and by using this Site you warrant
that) you have legal capacity to enter into the agreement set out in these Terms
of Use (i.e., that you are of sufficient age and mental capacity and are otherwise
entitled to be legally bound in contract).
Online Privacy Notice
Your privacy is important to us. To better protect your privacy, we provide a notice
explaining our online information practices and the choices you can make about the
way your information is collected and used at this site.
Trademarks and Copyrights
This Site and all materials incorporated by 360MainStreet.com on this Site ("Material")
are protected by copyrights, patents, trade secrets or other proprietary rights
("Copyrights"). Some of the characters, logos or other images incorporated by 360MainStreet.com
on this Site are also protected as registered or unregistered trademarks, trade
names and/or service marks owned by others ("Trademarks"). 360MainStreet.com respects
the intellectual property rights of others and asks users of this Site to do the
same.
Your Use of Material
Your right to make use of this Site and any Material or other content appearing
on it is subject to your compliance with these Terms of Use. Modification or use
of the Material or any other content on this Site for any purpose not permitted
by these Terms of Use may be a violation of the Copyrights and/or Trademarks and
is prohibited.
You may access and display Material and all other content displayed on this Site
for non-commercial, personal, entertainment use on a single computer only. The Material
and all other content on this Site may not otherwise be copied, reproduced, republished,
uploaded, posted, transmitted, distributed or used in any way unless specifically
authorized by 360MainStreet.com. Any authorization to copy Material granted by 360MainStreet.com
in any part of this Site for any reason is restricted to making a single copy for
non-commercial, personal, entertainment use on a single computer only, and is subject
to your keeping intact all copyright and other proprietary notices. Using any Material
on any other web site or networked computer environment is prohibited. Also, decompiling,
reverse engineering, disassembling, or otherwise reducing the code used in any software
on this Site into a readable form in order to examine the construction of such software
and/or to copy or create other products based (in whole or in part) on such software,
is prohibited.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. 360MAINSTREET.COM AND ALL THE MATERIALS,
INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN 360MAINSTREET.COM
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 360MAINSTREET.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
360MAINSTREET.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL
BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
360MAINSTREET.COM'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. 360MAINSTREET.COM DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN 360MAINSTREET.COM
OR ANY SITES LINKED TO 360MAINSTREET.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. 360MAINSTREET.COM MAKES NO WARRANTIES THAT YOUR USE OF
THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN 360MAINSTREET.COM
WILL NOT INFINGE THE RIGHTS OF OTHERS AND 360MAINSTREET.COM ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICE OR OTHER CONTENT OF 360MAINSTREET.COM. IF APPLICABLE LAW DOES
NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY
TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW.
Limitation of Liability
360MAINSTREET.COM DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT,
INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE)
RESULTING FROM ANY USE OF, OR INABILITY TO USE, 360MAINSTREET.COM OR THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON 360MAINSTREET.COM,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF 360MAINSTREET.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION,
YOU (AND NOT 360MAINSTREET.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE
LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY
TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW.
Forums
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN
BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE
NOT NECESSARILY THOSE OF 360MAINSTREET.COM OR ITS AFFILIATED OR RELATED ENTITIES
OR CONTENT PROVIDERS. 360MAINSTREET.COM DOES NOT UNDERTAKE TO MONITOR OR REVIEW
FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF 360MAINSTREET.COM.
360MAINSTREET.COM MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT
ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK
AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Submissions, Postings and E-mails
360MainStreet.com is interested in hearing from you. It is, however, our policy
that we will not accept or consider unsolicited submissions of concepts, stories,
or other potential content. Therefore, please do not send 360MainStreet.com any
unsolicited submissions.
From time to time, areas on this Site may expressly request submissions of concepts,
stories, or other potential content from you ('Invited Submissions'). Where this
is the case, please carefully read any specific rules or other terms and conditions
which appear elsewhere on this Site to govern those submissions ('Additional Terms'),
since they will affect your legal rights. If no Additional Terms govern those submissions,
then these Terms of Use will apply in full to any Invited Submissions you make.
In any event, any material you send to us will not be treated as confidential.
Please act responsibly when using this Site. You may only use this Site and its
contents for lawful purposes and in accordance with applicable law and you are prohibited
from storing, distributing or transmitting any unlawful material through this Site.
You may not collect or store personal information regarding other users. You recognize
that storing, distributing or transmitting unlawful material could expose you to
criminal and/or civil liability. You agree that if a third party claims that material
you have contributed to the Site is unlawful, you will bear the burden of establishing
that it is lawful. You understand and agree that all materials publicly posted (other
than by 360MainStreet.com) or privately transmitted on or through this Site are
the sole responsibility of the sender, not 360MainStreet.com, and that you are responsible
for all material you upload, post or otherwise transmit to or through this Site.
We at 360MainStreet.com require that you do not post e-mails or submit to or publish
through Forums or otherwise make available on this Site any content, or act in a
way, which in our opinion:
- libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking
for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including
violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- you do not have the right to transmit under any contractual or other relationship
(e.g., inside information, proprietary or confidential information received in the
context of an employment or a non-disclosure agreement);
- advocates or promotes illegal activity;
- impersonates or misrepresents your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services)
or otherwise engages in any commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or services) except as specifically
authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or 'Trojan horses' or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other
users are able to type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via the Site;
- copies any other pages or images on this Site except with appropriate authority;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- amounts to 'data warehousing' (i.e., using any web space made available to you as
storage for large files which are only linked from other sites). You must provide
a reasonable amount of content to accompany such material in order that at least
some of the traffic to your site comes directly via us;
- disobeys any policy or regulations established from time to time regarding use of
this Site or any networks connected to this Site; or
- contains links to other sites that contain the kind of content, which falls within
the descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material
inserted by 360MainStreet.com anywhere on this Site (e.g., on any web space made
available for your use).
System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs"
(i.e., emailing copies of a single message to many users, or sending large or multiple
files or messages to a single user with malicious intent) or engage in "spamming"(i.e.,
unsolicited emailing for business or other purposes) or undertake any other activity
which may adversely effect the operation or enjoyment of this Site by any other
person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access
to any resource, contained on this Site.
Security
Any passwords used for this Site are for individual use only. You shall be responsible
for the security of your password (if any). 360MainStreet.com shall be entitled
to monitor your password and, at its discretion, require you to change it. If you
use a password that 360MainStreet.com considers insecure, 360MainStreet.com will
be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection
with this Site to compromise security or tamper with system resources and/or accounts.
The use or distribution of tools designed for compromising security (e.g. password
guessing programs, cracking tools or network probing tools) are strictly prohibited.
If you become involved in any violation of system security, 360MainStreet.com reserves
the right to release your details to system administrators at other sites in order
to assist them in resolving security incidents.
Investigations
360MainStreet.com reserves the right to investigate suspected violations of these
Terms of Use, including without limitation any violation arising from any submission,
posting or e-mails you make or send to any Forum. 360MainStreet.com may seek to
gather information from the user who is suspected of violating these Terms of Use,
and from any other user. 360MainStreet.com may suspend any users whose conduct or
postings are under investigation and may remove such material from its servers as
it deems appropriate and without notice. If 360MainStreet.com believes, in its sole
discretion, that a violation of these Terms of Use has occurred, it may edit or
modify any submission, posting or e-mails, remove the material permanently, cancel
postings, warn users, suspend users and passwords, terminate accounts or take other
corrective action it deems appropriate. 360MainStreet.com will fully cooperate with
any law enforcement authorities or court order requesting or directing 360MainStreet.com
to disclose the identity of anyone posting any e-mails, or publishing or otherwise
making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS 360MAINSTREET.COM FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY 360MainStreet.com DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS
BY EITHER 360MAINSTREET.COM OR LAW ENFORCEMENT AUTHORITIES.
Service
In order to use this Site, you must obtain access to the World Wide Web and pay
any service fee associated with that access. You will need to provide all equipment
necessary to connect to the Site on the World Wide Web (including a computer, modem
and/or other access devices).
360MainStreet.com, reserves the right to modify or discontinue, temporarily or permanently,
all or any part of this Site and/or any software, facilities and services on this
Site, with or without notice, and/or to establish general guidelines and limitations
on their use.
Local Regulations
360MainStreet.com makes no representation that Materials or other content in the
Site are appropriate or available for use outside the United States, its territories,
possessions and protectorates. If you choose to access the Site from other locations
you do so on your own initiative and at your own risk. You are responsible for complying
with local laws, if and to the extent local laws are applicable. You specifically
agree to comply with all applicable laws concerning the transmission of technical
data exported from the United States or the country you reside in.
Indemnity
You agree to indemnify and hold harmless 360MainStreet.com, its parent, subsidiaries
and each of their respective officers, directors, employees, agents, distributors
and affiliates from and against any and all claims, demands, liabilities, costs
or expenses, including reasonable attorney's fees, resulting from your breach of
any of the foregoing provisions, representations or warranties, and/or from your
placement or transmission of any content onto 360MainStreet.com's servers, and/or
from any and all use of your account.
Our Use of Content
360MainStreet.com will consider anything you provide to 360MainStreet.com and/or
contribute to this Site as available for our use free of any obligations to you,
except where we have expressly solicited Invited Submissions and those submissions
are expressly governed by Additional Terms appearing elsewhere on this Site (see
'Submissions, Postings and E-mails' above), in which event those Additional Terms
will determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms, by posting or uploading any content
to this Site and/or providing any communication or material to 360MainStreet.com
("User Content"), you automatically and irrevocably: (a) grant and assign to 360MainStreet.com
any and all rights in the User Content throughout the world including without limitation
all copyright, together with all consents (if any) necessary to enable its reproduction,
distribution, modification, publishing and/or other exploitation by 360MainStreet.com
and/or by any person authorized by 360MainStreet.com, by any means and in all media
now known or hereafter devised without payment or other reference to you or any
other person, and to advertise and promote such exploitation, for the full period
of all such rights (together with any extensions and renewals) and insofar as possible
in perpetuity; (b) waive all moral rights in the User Content which may be available
to you in any part of the world and confirm that no such rights have been asserted;
(c) appoint 360MainStreet.com as your agent with full power to enter into any document
and/or do any act 360MainStreet.com may consider appropriate to confirm the grant
and assignment, consent and waiver set out above; (d) warrant that you are the owner
of the User Content and entitled to enter into these Terms of Use; (e) confirm that
no such User Content will be subject to any obligation, of confidence or otherwise,
to you or any other person and that 360MainStreet.com shall not be liable for any
use or disclosure of such User Content.
Third-Party Sites
This Site may link you to other sites on the Internet. These sites may contain information
or material that some people may find inappropriate or offensive. These other sites
are not under the control of 360MainStreet.com, and you acknowledge that (whether
or not such sites are affiliated in any way with 360MainStreet.com) 360MainStreet.com
is not responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites. The inclusion of such a link does
not imply endorsement of any site by 360MainStreet.com or any association with its
operators.
360MainStreet.com cannot ensure that you will be satisfied with any products or
services that you purchase from any third-party site that links to or from 360MainStreet.com
since other shop channels are owned and operated by independent retailers. 360MainStreet.com
does not endorse any of the merchandise, nor has 360MainStreet.com taken any steps
to confirm the accuracy or reliability of any of the information contained in such
third-party sites. 360MainStreet.com does not make any representations or warranties
as to the security of any information (including, without limitation, credit card
and other personal information) you might be requested to give any third party,
and you irrevocably waive any claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary or appropriate before
proceeding with any online transaction with any of these third parties. For further
information about the policies of online stores in the 360MainStreet.com shopping
mall, click here.
Proprietary Online Services
Any area of this Site that is accessed through any proprietary online service is
subject to the rules, policies and guidelines of such proprietary online service.
Jurisdictional Issues
The Materials and all other content in this Site are presented solely for the purpose
of providing entertainment and information and promoting programs, films, music,
and other products available in the United States, its territories, possessions,
and protectorates. The Site is controlled and operated by 360MainStreet.com from
its offices within the State of Michigan, United States of America.
These Terms of Use shall be governed by, construed and enforced in accordance with
the laws of the State of Michigan, as they are applied to agreements entered into
and to be performed entirely within Michigan. Any action you, any third party or
360MainStreet.com may bring to enforce these Terms of Use or, in connection with
any matters related to the Site shall be brought only in either the State or Federal
Courts located in Saginaw County, Michigan, and you expressly consent to the jurisdiction
of said courts. If any provision of these Terms of Use shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable for
this agreement and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating to the matters
contained herein.
Claims of Infringement
If you believe that any content appearing on this Site infringes your copyright
rights, we at 360MainStreet.com want to hear from you. Please forward the following
information in writing to the Copyright Agent at the address listed below.
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- the exact URL or a description of each place where alleged infringing material is
located;
- a statement by you that you have a good faith belief that the disputed use has not
been authorized by you, your agent, or the law;
- your electronic or physical signature or the electronic or physical signature of
the person authorized to act on your behalf; and
- a statement by you made under penalty of perjury, that the information in your notice
is accurate, that you are the copyright owner or authorized to act on the copyright
owner's behalf.
Copyright Agent
c/o Lunge, Inc.
PO Box 6634.
Saginaw, MI 486308
Email: admin@360MainStreet.com
360MainStreet.com seeks to preserve any and all exemptions from liability that may
be available under the copyright law, but does not necessarily stipulate that it
is a service provider as defined in USC section 512(c) or elsewhere.