Mapping Main Street is intended for adults, and Mapping Main Street does not screen content uploaded by Uploaders for suitability for children. Furthermore, viewing of the Website constitutes a representation that the User is over the age of 13.
As a community art project, Mapping Main Street seeks to incorporate the contributions of as many individuals as possible. Accordingly, Mapping Main Street is not the source of the content that Users may view via the Website. Mapping Main Street disclaims any responsibility or liability for the appropriateness or legality of such content, as further described below.
Disclaimer of Warranty and Limitation of Liabilities
MAPPING MAIN STREET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. MAPPING MAIN STREET DOES NOT GUARANTEE THE FUNCTIONALITY OF THE WEBSITE OR ANY OF ITS CONTENTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS," AND YOU USE THEM AT YOUR SOLE RISK. MAPPING MAIN STREET IS NOT LIABLE FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT. MAPPING MAIN STREET DOES NOT GUARANTEE THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE AVAILABLE THROUGH THE WEBSITE, OR THAT ANY CONTENT WILL BE AVAILABLE AT A GIVEN TIME. MAPPING MAIN STREET MAKES NO REPRESENTATIONS CONCERNING ANY RISKS THAT MIGHT ARISE THROUGH YOUR ACCESS TO OR USE OF THE MATERIALS, AND IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGE THAT MAY RESULT FROM SUCH ACCESS OR USE. MAPPING MAIN STREET MAKES NO GUARANTEE THAT THE CONTENT AND USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS AND THAT THEY WILL BE SECURE, TIMELY, OR RELIABLE.
MAPPING MAIN STREET IS NOT RESPONSIBLE FOR ANY OFFENSIVE OR ILLEGAL CONTENT INCLUDED IN PICTURES, PHOTOGRAPHS, OR OTHER KINDS OF MEDIA SUBMITTED BY THIRD PARTIES. USERS ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN THE CONTENT SUBMITTED BY THIRD PARTIES REPRESENT THE OPINIONS OF THESE THIRD PARTY USERS AND MAPPING MAIN STREET DOES NOT ENDORSE SUCH OPINIONS. HOWEVER, MAPPING MAIN STREET RETAINS THE RIGHT (BUT NOT THE OBLIGATION) TO REMOVE ANY CONTENT THAT THE WEBSITE ADMINISTRATORS DEEM OFFENSIVE, FOR LEGAL OR OTHER REASONS. ANY ADVICE YOU OBTAIN FROM THE WEBSITE ADMINISTRATOR OR REPRESENTATIVES OUTSIDE OF THIS AGREEMENT DOES NOT CREATE A WARRANTY OR GUARANTEE THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIALS OBTAINED THROUGH THE WEBSITE WILL BE DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR YOUR DATA. USERS ACKNOWLEDGE THEIR SOLE RESPONSIBILITY TO INSTALL ANTIVIRUS SOFTWARE AND TO TAKE ANY OTHER NECESSARY PROTECTIVE MEASURES TO PROTECT USERS' PERSONAL COMPUTERS FROM DAMAGE RELATED TO THE USE OF THE WEBSITE.
MAPPING MAIN STREET SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR OTHER LOSSES RESULTING FROM THE USE OF THE WEBSITE, INABILITY TO USE OR ACCESS THE WEBSITE, THIRD-PARTY CONDUCT ON THE WEBSITE, AND ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE WEBSITE.
SOME JURISDICTIONS MAY FIND SOME OF THE ABOVE MENTIONED TERMS UNENFORCEABLE. IF THAT IS THE CASE, THEN SUCH UNFORCEABLE TERMS SHALL ONLY BE APPLICABLE FOR A PERIOD OF 30 DAYS AFTER THE FIRST USE OF THE WEBSITE.
Users acknowledge that material presented on the Website is the product of a collaborative effort by contributors, and does not represent the views of Mapping Main Street. Content is not hosted by Mapping Main Street, and Mapping Main Street may include links back to third-party host websites. Mapping Main Street cannot review, does not endorse, and is not responsible for, all content hosted on such websites.
By posting a comment on the Mapping Main Street blog or by sending a comment using the Website's "Contact" page, users agree to grant Mapping Main Street a perpetual, irrevocable, world-wide, non-exclusive, royalty-free license to use the comments, including but not limited to the license to reproduce, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the content, and/or to incorporate into a collective work the aforementioned comments.
Users must not sell, rent, or otherwise use for commercial benefit any content hosted or displayed on or via the Website. The design of the Website is the property of Mapping Main Street. Individual submissions are the property of the Uploaders. Such submissions may be subject to the terms of certain license agreements (e.g., Creative Commons licenses). Please determine whether such a license applies before using any Uploader's content.
Users are prohibited from hacking, cracking, or in any other way attempting to violate the security of the Website. Furthermore, Users are prohibited from attempting to interfere with the operation of the Website, or to interfere with service to any user, host or network.
Each User, at his or her own expense, shall indemnify, defend, save, and hold harmless Mapping Main Street, its creators, employees, affiliates, officers, directors, and contributors, and/or other representatives (collectively, the "Indemnified Parties") from and against any and all judgments, losses, damages, liabilities, costs, or expenses (including but not limited to reasonable attorneys' fees and legal expenses) associated with or arising from (a) that User's use of the Website; (b) the User's content submissions to the Website; (c) any breach or claimed breach by such User of any representations, warranties, and/or agreements set forth herein; and/or (d) any tortuous or grossly negligence act or omission by the User, its agents, and/or independent contractor, including but not limited to consequential damages, loss of profits, loss of business opportunities, and loss of income.
Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d) as amended, Mapping Main Street hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
Subject to the terms set forth herein, users retain all intellectual property rights associated with the submitted materials to the extent that Users have the rights under the applicable law. In other words, the rights that are granted to Mapping Main Street do not prevent the Users from exercising the rights that they already have in the Content. If Users have licensed the Content under a Creative Commons license, Mapping Main Street will act in accordance with the terms of that license. If Users have not licensed the Content under a Creative Commons license, they hereby grant and assign to Mapping Main Street, its representatives and agents a non-exclusive, perpetual, worldwide, royalty-free license to use, reuse, publish, modify, reproduce, index, display, distribute, transmit, parse, perform, translate into any language, convert into speech, make derivative works, make compilations, and/or sell the Content in connection with any and all goods and/or services offered by Mapping Main Street. Mapping Main Street reserves the right to retain archived copies of all Content, including but not limited to, Content Users remove from third-party sites.
Mapping Main Street respects the intellectual property rights of others and asks its Users to do the same. With respect to any copyright complaints about content (including blog comments) posted by Users to Mapping Main Street and hosted by the Website, please follow Mapping Main Street's DMCA Policy [http://www.mappingmainstreet.org/terms.html]. With respect to any content presented on Mapping Main Street but hosted on third-party sites, Mapping Main Street is unable to effectuate takedowns of such content. However, if Mapping Main Street is notified of a possible DMCA violation, it reserves the right to break the link to the said Content on its Website. If you are a copyright owner and believe that your rights have been violated in connection such content, please notify the third-party website that is hosting the content and/or follow their DMCA notice and takedown procedures.
If for any reason any portion of these Terms are held to be invalid, void, or otherwise unenforceable, that portion will be deemed severable from the remainder of the terms, which shall remain in effect.
Choice of Law Provision/Venue