Privacy Policy / Terms & Conditions

Site Access and Use Terms

Thank you for visiting the Main St., (“MS”) Web Site (the “Site”). In light of the complexities governing the use and operation of web sites, we have set forth below a Series of Access and use Terms (“SATS”). Compliance with and acceptance of the SATS are required in order for you to have access to and use of the Site. We have also included below MS’s agent for receipt of notice regarding copyright claims and other communication regarding the Site. If you do not agree with or do not accept any of the SATS, you must immediately exit the Site and refrain from further access.

LIMITED LICENSE

Your access to the Site and compliance with all policies and terms of use provide a limited, terminable license to view the Site contents and engage its interactive features. All information contained on this Site, such as text, graphics, logos, button icons, images, audio clips and the like are copyrighted by and proprietary to the Main St., [“MS”] and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of MS, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Site. The user may also make a single copy of the content displayed on any page of the Site to be used by the user for personal and noncommercial uses which do not harm the reputation of Main St. or infringe on any copyright or trademark right of Main St., provided that the user does not remove any trademarks, copyright and any other notice contained in such content. Unless expressly permitted in writing from Main St., you shall not frame, link or commercially exploit either the Site, Site contents or Site code.

OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS

All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents, and Site Code are the property of MS or its licensors. Site Content includes, but is not limited to, text, images, graphics, audiovisual content and audio content. Site Code means any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.

SUBMISSIONS AND USER GRANT OF LICENSE

MS is pleased to hear from its customers, donors and Site users. We welcome your comments. However, due to legal requirements, we cannot provide compensation for, agree to consider, or agree to keep confidential, any submission of creative ideas, disclosures of inventions, other disclosures of potentially useful information, or submission of any other content. In order to avoid confusion and chaos, in the Site and in the Company, all content submitted by you via the Site are provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to MS to consider, use, re-publish, modify, disclose or otherwise exploit, at its sole discretion. If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this paragraph, MS’s liability shall not exceed the amount set forth in THE LIMITATION OF LIABILITY paragraph of these SATS.

PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES

As a convenience to visitors of the Site, MS may provide from time to time, at its sole discretion, one or more chat areas, message boards, e-mail functions, polls, surveys, and other features for use by visitors to the Site. Such features are referred to herein as “Visitor Features.”

MS may, in its sole discretion, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any content provided by a Site visitor. Certain Visitor Features may be provided free of charge, but others may be subject to charges. Please consult these SATS and any instructions associated with a Visitor Feature to determine the charges, if any, for use of or access to particular Visitor Features.

Users of Visitor Features are bound by and must comply with the SATS, and must agree not to do the following:

Harass or threaten any other person or entity
Transmit any content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, or otherwise objectionable
Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity
Transmit any advertising, promotional materials or comments upon the services or products provided by parties other than MS
Act in a discourteous manner to other users of Visitor Features
Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law while you are using or accessing any Visitor Features; or
Infringe the copyright rights, trademark rights, or other personal or proprietary rights of any person or entity.

MS hopes that all of those who use and have access to the Site will follow the SATS and otherwise conduct themselves properly. However, MS cannot be responsible for monitoring, verifying or substantiating content or code provided by third-party users of the Site. Therefore, you agree that MS shall not be liable for any breach of the SATS by third parties or for other injurious behavior engaged in by third parties who use or gain access to the Site.

LINKED SITES

MS is not necessarily affiliated with sites that may be linked to or from the Site. MS cannot monitor or otherwise evaluate such sites, and P2P is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.

WARRANTY DISCLAIMERS, DAMAGE LIMITATION, INDEMNIFICATION

THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDED BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED “AS IS,” AND MS, ITS LICENSORS AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE, (2) MERCHANTABILITY (3) COMPLETENESS, (4) ACCURACY; (5) NON-INFRINGEMENT, AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS MATTER, SUCH AS VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER MS, NOR ITS LICENSORS OR SUPPLIERS, WARRANT THAT DEFECTS IN THE CONTENTS OR OPERATIONS OF THE SITE OR LINKED SITES WILL BE CORRECTED OR THAT ACCESS WILL NOT BE INTERRUPTED OR DISCONTINUED.

WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED ARE NOT DISCLAIMED.

IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT OR TORT PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, NEITHER MS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

While precautions are taken against breaches in our security, no web site, communication system, or internet transmission is completely secure. Therefore, MS cannot guarantee that unauthorized access, hacking, data loss, virus attack or other breaches will never occur.

You agree to indemnify, defend and hold harmless MSD, its directors, officers, employees, contractors, licensors and suppliers against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the SATS by you or by others that access the Site through your terminal or to whom you have provided access to Site Contents. MS reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MS in asserting any available defenses. You shall be responsible for any damages or fines assessed due to violation of the SATS by you or others that access the Site through your terminal or to whom you have provided access to Site Contents.

PRODUCTS AND SERVICES

Products and services offered through this Site may be subject to license terms and terms of sale that are in addition to, or distinct from, the SATS. Therefore, the provision and acceptance of any such product or service shall be subject to any additional or distinct terms supplied by MS or the third-party supplier of the product or service.

CHANGES TO SITE OR TERMS OF ACCESS AND USE

MS reserves the right, at its sole discretion, to change, modify, add or remove all or any portion of the Site or the SATS. Changes to the SATS shall be immediately effective when posted. You agree to review the SATS periodically to be aware of any changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes

Events may arise that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, P2P reserves the right, without liability to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content.

CHANGES IN SITE OR RIGHTS OWNERSHIP

You consent to any transfer, in whole or part, of MS’s terms, interests, rights, and obligations hereunder to a subsequent owner of an interest in this Site. You also consent to any transfer, in whole or part, of your agreements hereunder to a subsequent owner, if any, of an interest in the Site.

ACCESS FROM OUTSIDE THE UNITED STATES

This Site is controlled by MS from its location within the city of Doylestown, PA, United States of America. P2P makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States.

COMMUNICATIONS REGARDING COPYRIGHT AND OTHER MATTERS

If you believe that any Site Content or Site Code, including but not limited to content provided by third parties via Visitor Features, infringes a copyright or other proprietary right, please forward the following information to our Copyright Agent at the address specified below:

Your name, address, telephone number, e-mail address and other pertinent contact information
A description of the copyrighted work or proprietary right that you believe is infringed
The URL or a description of where the allegedly infringing content is located
A statement by you, with respect to the copyright or other proprietary right, that you have a good faith belief that the disputed use is not authorized by either the owner of the asserted right, by an agent of the owner, or by the law
An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right
A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner.

Our Copyright Agent and recipient for other communications regarding the Site is:

Main St.

PO Box 307

Doylestown, PA 18901


JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER

These SATS, and all disputes arising from or related to them, their interpretation, or their subject matters shall be governed by, resolved and remedied in accordance with the laws of the State of Pennsylvania (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State. Any claims arising from or related to the SATS or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in or closest to Doylestown, Pennsylvania, and you expressly consent to the jurisdiction and exclusive venue of said courts. However, MS, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice-of-law specified above; and (2) take place in Bucks County, PA.

If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Virginia law, jurisdiction and forms for dispute resolution.

You agree and represent that you have carefully considered the SATS and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of MS.

If any provision(s) of the SATS are deemed unenforceable in a determination by a body with proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the SATS and the Parties shall negotiate in good faith with respect to their modification. If the Parties cannot agree to a modification, the SATS shall be enforced, without the unenforceable provision, in a fair manner and without undue prejudice to either Party.

This represents the entire agreement between the Parties relating to the matters contained herein and shall not be modified except in writing supplied by MS.

Main St. Terms of Service (App)

Welcome to the Main St. Foundation App services, which are accessible via the Main St. Foundation Non-profit 501(c)(3). (“P2P App”) mobile device application (the “App”). To make these MSApp Service (the “Terms”) easier to read, the App, and our website located at http://welcometomainst.org(the “Site”) are collectively called the “Services.” Please read carefully these Terms, because they govern your use of our Services.

Agreement to Terms

By using our Services, you are agreeing to these Terms and our Privacy Policy. If you are the parent or legal guardian of a child under the age of 13 (the “Parent”), you are agreeing to these Terms on behalf of yourself and your child(ren) who are authorized to use the Services pursuant to these Terms and in our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services.

Changes to Terms or Services

We may modify these Terms at any time. If we do so, we’ll let you know either by posting the modified Terms on the Site or App or through other communications. It’s important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or App, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.

Privacy

Please refer to our privacy policy for information on how we collect, use, and disclose information from our users.

Safe Play

During game play (collection of ribbons), please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) or the Trainer Guidelines, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation or the Trainer Guidelines. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Pine2Pink Foundation disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release The Pine2Pink Foundation (and our officers, directors, agents, subsidiaries, joint ventures, partners and sponsors) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Rights in App

Subject to your compliance with these Terms, Pine2Pink grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c ) reverse engineer, decompile, or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Pine2Pink reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:

These Terms are concluded between you and Pine2Pink Foundation, and not with App Provider, and that, as between us and the App Provider, Pine2Pink Foundation is solely responsible for the App.
App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Pine2Pink Foundation.
App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Pine2Pink Foundation will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Effect of Termination on Trading Items, Virtual Money, and Virtual Goods; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.

Disclaimer of Warranties

YOUR USE OF THE APP AND SERVICES ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE PINE2PINK FOUNDATION DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Pine2Pink Foundation make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT PINE2PINK FOUNDATION DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. PINE2PINK MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You will indemnify and hold harmless Main St. Foundation and their respective officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c ) your violation of these Terms.

This game’s round will end on 31st Oct at 11:59 p.m.. Winners will be selected at random and notified by email between the 1st -10th November.  You must respond to the email to claim the prize and abide by our terms and conditions.