Terms and Conditions
Last revised – April 30, 2020
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.
- General Use
By using the Service, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Service with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Service and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and fully indemnify and hold harmless At Main Street if the Minor breaches any of these terms. If you are not at least 13 years old, you may not use the Service at any time or in any manner or submit any information to At Main Street or the Service.
At Main Street provides content through the Service that is copyrighted and/or trademarked work of At Main Street or At Main Street’s third-party licensors and suppliers or other users of the Service (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, At Main Street hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Service solely for your personal use. Except for the foregoing license, you have no other rights in the Service or any Materials and you may not modify, edit, copy, reproduce, create derivative works or, reverse engineer, alter, enhance or in any way exploit any of the Service or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed materials.
- Mobile Applications
At Main Street makes available Mobile Applications to access the Service via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. At Main Street does not warrant that the Mobile Application will be compatible with your mobile device. At Main Street hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that At Main Street may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and At Main Street and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that At Main Street provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and At Main Street only, and not with Apple, Inc. (“Apple”).
- Your use of At Main Street’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- At Main Street, and not Apple, are solely responsible for our iOS App and the Service and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that At Main Street, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that At Main Street, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS 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.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of At Main Street’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that At Main Street provides to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and At Main Street only, and not with Google, Inc. (“Google”).
- Your use of At Main Street’s Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. At Main Street, and not Google, is solely responsible for At Main Street’s Android App and the Service and Content available thereon. Google has no obligation or liability to you with respect to At Main Street’s Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to At Main Street’s Android App.
- Password Restricted Areas of the Service
You must register an Account with At Main Street (“Account”) to use the Service. To register an Account, you must provide At Main Street with your first and last name and email address. Once you have submitted your Account registration information, the At Main Street administrator shall have the right to approve or reject the requested registration, in the At Main Street administrator’s sole discretion.
You are responsible for maintaining the confidentiality of any password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify At Main Street if any of your Passwords on the Service is lost, stolen, if you are aware of any unauthorized use of your Passwords on the Service or if you know of any other breach of security in relation to the Service.
All the information that you provide when registering for an Account and otherwise through the Service must be accurate, complete and up to date. You may change, correct or remove any information from your Account by logging into your Account directly and making the desired changes.
- Links to Third-Party Sites
- Unauthorized Activities
When using the Service, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Service.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on the Service.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. At Main Street reserves the right to terminate access to your Account, your ability to post to or use the Service. At Main Street may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at At Main Street’s discretion, At Main Street will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained on the Service may violate certain laws and regulations.
You agree to indemnify and hold At Main Street and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) At Main Street or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Service or the use of the Service by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
- Proprietary Rights
At Main Street is a trademark of At Main Street LLC in the United States. Other trademarks, names and logos on the Service are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on the Service, including documents, services, Service design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of At Main Street LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
- Notice of Infringement
If you have cause to believe any Services’ content to be in violation of the terms hereunder or an infringement under any applicable law, we would appreciate it if you would notify us of such content via email to firstname.lastname@example.org, stating the violating content and the nature of the violation.
- Eligibility and Residence
At Main Street controls and operates the Service from its headquarters in the United States of America to residents of the United States, and the Materials may not be appropriate or available for use in other locations. Therefore, to be eligible to use the Service, you must be a resident of the United States of America. By registering to use the service, you represent that you reside in the United States of America.
If you send or transmit any communications, comments, questions, suggestions, or related materials to At Main Street, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, any Services offered through the Service or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and At Main Street is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that At Main Street is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
- Disclaimer of Warranties
Your use of the Service is at your own risk. The Materials have not been verified or authenticated in whole or in part by At Main Street, and they may include inaccuracies or typographical or other errors. At Main Street does not warrant the accuracy of timeliness of the Materials contained on the Service. At Main Street has no liability for any errors or omissions in the Materials, whether provided by At Main Street, our licensors or suppliers or other users.
AT MAIN STREET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AT MAIN STREET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
- Limitations and Exclusions of Liability
AT MAIN STREET SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AT MAIN STREET BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF AT MAIN STREET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE ABOVE, SHOULD THE FOREGOING EXCLUSION BE HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO USE OR NON-AVAILABILITY OF THE SERVICE, INCLUDING ANY EXPOSURE OF ACCOUNT OR 3RD PARTY ACCOUNT CONTENT OR INFORMATION, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE SERVICE; OR (B) ONE HUNDRED DOLLARS (US$100).
At Main Street may make changes to the content and Services offered on the Service at any time. At Main Street can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Service. If you do not agree to any of the updated Terms, you must stop using the Service.
- Contact Us
If you have questions or comments regarding using the Service, you may contact At Main Street Customer Service by sending an email to email@example.com. You can also visit our offices or send us mail to: 147 Prince Street, Brooklyn, NY 11201 (Attention: At Main Street Customer Service).