Terms of use

Terms of use

Updated October 20, 2015

Overview
The terms and conditions on this page apply to both users of Main Goes Big's web-based user interface and anyone using an application programming interface (API) in connection with the  Main Goes Big service.
PLEASE READ THESE TERMS OF USE COMPLETELY AND CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. BY USING THIS SERVICE (ALSO REFERRED TO AS "WEBSITE"), WHETHER THROUGH  Main Goes Big's WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. IF YOU ARE A RESELLER OR A USER OF  Main Goes Big's WHITE LABEL SERVICE, YOU ALSO AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN POLICIES, PRODUCTS, AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS OR USERS ADHERE TO THESE TERMS.

Main Goes Big reserves the right, at its sole discretion, to modify and post these Terms of Use at any time without prior notice. You are advised to visit this page to review the current Terms of Use on a regular basis.
Main Goes Big provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis. Main Goes Big also provides a tool to help you import subscriber data. However, contact information may be imported only if the subscribers gave full consent to receive a specified type of messaging from your organization. Proof of such specific consent is required as part of the certification process before the import of contact information.
In addition, industry regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.
 Main Goes Big's service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.
Main Goes Big reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you. Main Goes Big also reserves the right to refuse service if Main Goes Big believes that your conduct is harmful to the interests of Main Goes Big and its affiliates. Main Goes Big reserves the sole discretion and right to permanently delete archived data after 90 days.

Main Goes Big will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Use or to comply with legal requirements.

Permission-Based Subscription Requirements
Main Goes Big has a no-tolerance policy toward spam. Although Main Goes Big does not assume the duty or obligation to monitor messages, Main Goes Big reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to our Website and services.
EvadingMain Goes Big's monitoring system or the transmission of spam messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately by clicking here.

Every outgoing email via the Main Goes Big service must contain a link that allows the recipient to unsubscribe from your distribution list(s). Voice broadcasts also must include verbal instructions for opting out of your calling list. All mobile messages must conform to the latest available best-practice guidelines published by the Mobile Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices ), which you agree to review before using Main Goes Big's service. For example, and without limitation, every SMS message must include "STOP"instructions.

IMPORTANT for Mobile Keywords:You must include the opt-in disclosure shown below in all of your promotional materials in all media: website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your mobile keyword without warning as well as third-party legal action.
Summary Terms & Conditions:Our mobile text messages are intended for subscribers over the age of [minimum age] and are delivered via U.S. short code [short code]. You may receive up to [message count] message(s) per month for [messaging program or content]. Message and data rates may apply.This service is available to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, or Boost. For help, text HELP to [short code], email [support email], or call +1 [support phone number]. You may stop your mobile subscription at any time by text messaging STOP to short code [short code].
Privacy and Anti-Spam Policies 
 
The following terms and information (ending at "Warranty Disclaimer") constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of  Main Goes Big's service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.
What is spam?Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send messages, you cannot send messages to that number. Before using  Main Goes Big's service, you agree to review and abide by the following linked resources and to check for any revisions, as they may be amended over time.

TCPA
CAN-SPAM Act
MMA
CTIA
CRTC (for sending messages to Canada) 
 
What constitutes consent?As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your call or message. The required record of consent differs depending on the nature of your message. Solicitation messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations with the recipients. Purchasing a product or service from you, participating in an event with you, or "liking" or "following" your business on Facebook or Twitter does not constitute consent to receiving messages from you. If you require confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.

What constitutes prior express written consent?If you are sending text or voice solicitations, your campaign must meet the "prior express written consent" standard. The revised TCPA rule defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.
Signing the agreement authorizes the seller to deliver telemarketing messages to a designated phone number by use of an automatic telephone dialing system.

The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording. For more details on the revised TCPA regulation, click here .
You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with our service. 
 
You agree to all terms set forth in  Main Goes Big's Import Agreement , Privacy Policy and Anti-Spam Policy .
You agree that you will import, add, edit, access and otherwise use in connection with  Main Goes Big's service only contact information with proof, which you shall retain, of each subscriber's' prior express written consent to receive solicitation from you. Main Goes Big reserves the right, at its sole and absolute discretion, to deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization's legal identity.
You agree to represent truthfully your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your subscribers in all messages.
You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.

Acceptable Use Policy
Main Goes Big reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion.  Main Goes Big's services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others' use or enjoyment of the services is prohibited.
The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive. 
 
Adversely affecting the availability, reliability, or stability of  Main Goes Big's services
Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of  Main Goes Big's services
Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to Main Goes Big, any Main Goes Big client, or any of their subscribers
Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities
Using the services in any manner that may subject Main Goes Big or any third party to liability, damages, or danger
Using the services in any manner that violates any applicable third-party policy or requirement
Using the services in any manner that violates the Mobile Marketing Association's guidelines or best practices, carrier guidelines, or any other industry standard 
 
Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account
Using any property or material trademarked or copyrighted by Main Goes Big in any manner other than those expressly permitted under these Terms of Use

In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity 
 
Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act
Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail 
 
Offering any emergency services ("emergency services" meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)
Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header
Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
Interfering with or disrupting any network connected to Main Goes Big services or violating the regulations, policies, or procedures of any such network 
 
Using the Main Goes Big services or any component thereof in a manner not authorized by Main Goes Big 
Prohibited Content
In addition to and without limitation to terms under the Acceptable Use Policy, Main Goes Big prohibits any use of the service in connection with any of the following types of content, products, and services.
Pornography, sexual products, otherwise sexually explicit material, and escort services
Illegal drugs and drug contraband
Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
Instructions or materials for the assembly of bombs or other weapons
Disclosure of anyone's private or personally identifying information without such party's prior express written consent (or parents' prior express written consent in the case of a minor) 
 
Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner
On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age
Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events)
Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to "get rich quick," "build your wealth," and "financial independence" offerings 
 
Any libelous, defamatory, scandalous, threatening, or harassing activity
Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence
Any product or service related to death (e.g., mortuaries and cemeteries)
Any product or service that is unlawful where such product or service or promotion thereof is received
Images of authors, artists, photographers, or others without prior express written consent form the content owner
Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier

Warranty Disclaimer
Main Goes Big PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN "AS IS" BASIS. Main Goes Big AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, Main Goes Big DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, Main Goes Big DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH Main Goes Big SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, Main Goes Big WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS IMPAIRED.
NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY Main Goes Big, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.
Indemnification

You hereby agree to defend, indemnify, and hold harmless Main Goes Big and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your Main Goes Big account, (iii) any other use of Main Goes Big's service in any manner not authorized by these Terms of Use, in violation of the restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to  Main Goes Big's system, records, data, or settings.

You agree that Main Goes Big has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates  Main Goes Big's privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from Main Goes Big and its affiliates whether or not Main Goes Big is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

Termination
You may terminate this agreement at any time by submitting a support ticket through  Main Goes Big's user interface. Service may not be cancelled by any other method such as phone, email, or letter.
Lack of activity alone does not automatically terminate your account, and you are responsible for service fees until you expressly cancel your account or until your data has been purged (whichever occurs first). Main Goes Big may delete any of your archived data after 30 days following the date of termination. If your account has not been cancelled and is classified by Main Goes Big as inactive for at least 90 days, Main Goes Big reserves the sole discretion and right to permanently and irrevocably delete all of your account data. In the absence of an explicit cancellation request by support ticket, you agree to pay any and all applicable fees through the date of  Main Goes Big's purging of your data. You understand and agree that Main Goes Big will make no refund of any fees whether or not the service has been used.
At any time, with or without notice, Main Goes Big may terminate this agreement or the service or disable your account in whole or in part at  Main Goes Big's sole discretion. Main Goes Big shall bear no liability to you or any third party because of any such action.

Acknowledgements
You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.
The service will be subject to monthly or yearly software license fees
Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.
Main Goes Big is not required to provide data outside the system that are already available through the user interface, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.
You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to Main Goes Big servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind

Text-to-win sweepstakes may be approved only by use of a dedicated short code. Shared short codes may not be used for such promotions.
If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.
You and Main Goes Big agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any Main Goes Big representative will be honored. No delay or omission by Main Goes Big in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind Main Goes Big in any respect whatsoever.
In any action or proceeding with you to enforce  Main Goes Big's rights under the Agreement, you agree that Main Goes Big will be entitled to recover its costs and attorneys' fees. 
 
The agreement shall be governed by the laws of the State of California, without regard to its choice of law or conflict of law's provisions. All legal actions in connection with the agreement shall be brought in the state or federal court located nearest Los Angeles, California.
Main Goes Big reserves the right to refuse, suspend, disable, or terminate any party's service, in whole or in part, at any time, for any reason, and without notice.  Main Goes Big shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.
If you have any questions, concerns, or comments about the Terms of Use, you may click here to contact us.

Last modified: Apr 30, 2015

Welcome to Moving Technology Forward, Inc. dba Main Goes Big (“ MTF”, “ We ”, “ Our ”, or “ Us ”). These Terms of Services (the “ Terms ”, “ TOS ”, or “ Agreement ”) are a contract between Us and You (“ You ” or “ Your ”) and govern Your use of Our website and all of the Services We offer. As such, please read these Terms carefully.

Your use of the main Main Goes Big website or Our other related websites (“ Site ”), toolbars, widgets, applications or distribution channels from which We may operate, and Your use of any of Our Services (including without limitation the software, programs, code, technology, offerings, tools, plug-ins, components, upgrades, updates and all related applications, available now or in the future, collectively Our “ Services ”), whether such Services are accessed through the Site or via another point of access to Our Services (each, a “ Non-Main Goes Big ”), are subject to and conditioned upon Your assent to and compliance with these Terms. Portions of the Services may be subject to other entity’s terms and conditions, and Your use of such entity’s services is subject to and conditioned upon Your acceptance of such additional terms and conditions.

BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND ITS CONTENT, AND (3) THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THIS AGREEMENT. THE AGREEMENT IS BETWEEN YOU AND MOVING TECHNOLOGY FORWARD, INC.

If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or use any of the Services. Use of Our Site or Services is void where prohibited.

From time to time, Main Goes Big may amend this Agreement, in its sole discretion, by posting updated versions at or by notifying You by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to http://www.maingoesbig.com/terms or by Your receipt of notification of a change to the Agreement. If You do not agree to the new or different terms, You should not use or access the Site or the Services.

We provide various website solutions and products for Our customers, including but not limited to the following, each included as part of the Services that We offer: Main Goes Big (conversion and creation of desktop, tablet and mobile websites), Main Goes BigMobile (mobile website conversion from existing desktop websites and mobile website creation), the Main Goes Big(application programming interface for Main Goes Big and Main Goes BigMobile),Main Goes Big (TheMain Goes Big Partner Program), and inSite (web personalization). You may use the Services for Your personal use, commercial use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement.In connection with Your use of the Site or the Services, You may be made aware of services, products, offers and promotions provided by third parties. If You decide to use such third-party services, You are responsible for reviewing and understanding the terms and conditions governing such third-party services, and acknowledge that the third party is responsible for the performance of such services.In providing the Services, We obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of such data.It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access Our Site or the Services does not necessarily mean that Your use thereto are legal under relevant laws, regulations and directives.General Public License. All images, cascading style sheets, and JavaScript elements are released under the “ Main Goes Big Use License ”.

Main Goes Big Proprietary Use License . All other Main Goes Big Services and associated code are released under this Agreement, which Terms comprise the “ Main Goes Big Proprietary Use License ” and not under the GPL. The Main Goes Big Proprietary Use License is a GPL compatible license that applies to the images, cascading style sheets, JavaScript files and all other code produced by Us and contained in the Services. These elements are the copyrighted intellectual property of Main Goes Big and may not be redistributed, repackaged or used in any fashion other than as provided and explicitly set forth in this Agreement. Any violation of the Main Goes Big Proprietary Use License may result in suspension or termination of Your account and You may be refused any and all current or future access to and use of the Services.

Your Grant of Licenses to Us . By accessing the Site or using a Service, You hereby grant to Main Goes Big a world-wide, royalty-free, transferrable and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Your website(s), and if applicable, storing it on Our servers. This license exists only for as long as You continue to be Our customer and shall be terminated only upon receiving written notice from You.

By submitting to Us Content for inclusion and/or display on inSite or any other Service, and by consenting via check-box or similar affirmative authorization for Us to display, use or permit third parties to access and use such Content, You hereby grant to Main Goes Big a worldwide, non-exclusive, royalty-free, and transferable license (with right to sub-license) in its sole and absolute discretion, to use, reproduce, distribute and display as well as to grant or sell to third parties Your Content from time to time, now or anytime in the future, for any purpose including but not limited to sharing or promoting Main Goes Big or a Service, selling the Content or representations thereof to third parties, publishing Your Content within the Main Goes Big community or allowingMain Goes Big to display the Content even if Your website or your use of a Service is not active or has been deleted. For the avoidance of doubt, You agree and understand that You automatically forfeit Your right to any intellectual property rights in this Content and thus shall not be entitled to any license fee or any other compensation for Main Goes Big's or any third party's use of this Content.

Main Goes Big may, in its sole and absolute discretion, to use, reproduce, distribute and display Your personal information such as but not limited to Your name, email, and hyperlink to your website as a means for Us to give You credit for the Content You have created.

Your use of the Services on the Site or from a Non-Main Goes Big Access Point that enables You to access and use the Services, including without limitation any offerings, programs, files, images, and data is licensed to You by Us or third-party licensors for Your personal use, commercial use or internal business use in the organization that You represent. You shall keep intact all copyright and other proprietary notices and Your use of such Service is strictly subject to the terms of this Agreement and any agreement accompanying the Software.

We do not own nor do We claim ownership of the content submitted to be included in and/or displayed on Your website, Main Goes Big website, Main Goes Big Mobile website, inSite or included/displayed in any other Service (“ Content ”). Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on a site via the Service. This Content is Your Content and as such, You are responsible for all of the Content that You upload, post, transmit or otherwise make available via Our Services. We do not control the Content You post via Our Services.

You are responsible for any Content that may be lost or unrecoverable through use of the Services. You are encouraged to archive Your Content regularly and frequently.

Main Goes Big’s Services allow You to import or link certain Content hosted on third-party websites into the Services. This Content isn’t owned by Main Goes Big, and thus if it is no longer available or accessible to a user, then those portions of Your creation that reference such Content will not work.

The Services provide You the ability to embed images, animations, videos, audio, fonts, and other Content owned or provided by You or other third parties into the Services. The use of such third party Content shall be subject to the compliance with the provisions of these Terms and if applicable, the terms of use / end user license agreement of the third party owning or providing the Content. Main Goes Big does not warrant that the content embedded in a website, either generated via automatic import, or placed manually by You, is licensed for use in Your jurisdiction. You are responsible for ensuring You have the appropriate license, or meet Fair Use requirements, or other laws and rights in Your jurisdiction, for any content that may have a trademark or copyright.

Through Our Services, We may provide certain Content that is subject to proprietary rights of third parties. Main Goes Big shall have the right, at any time, at is sole and exclusive discretion to remove such Content from the Services and/or disable access to such Content.

By using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable for Your Content or the Content of any third party, including, but not limited to, for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in Our sole discretion. You bear all risks associated with the use of any Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public.

MAIN GOES BIG SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO ANY CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO US, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU.

Some functions of the Services require registration, and as part of the process You will be requested to provide certain information, including among others: Your name, email address, company name, field of business and website URL (“ Registration Data ”). By using the Services, You agree to:

Provide true, accurate, current and complete Registration Data as prompted by the registration process;

Maintain and promptly update the Registration Data to keep it accurate, current and complete;

Maintain the security and confidentiality of Your password and any other security or access information used by You to access the Site or Services;

Ensure that You log out of the Services at the end of each session using the Services.

Refrain from transferring Your user account on the Services to any other party without Our prior written consent;

Refrain from impersonating any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and

Immediately notify Us in writing if You become aware of any loss, theft or use by any other person or entity of any of Your Registration Data in connection with the Site or the Services or any other breach of security that You become aware of involving or relating to the Site.

You represent that any communications and all other activities through use of Your Registration Data were sent or authorized by You, and You agree and understand that You are fully responsible for all activities that occur under Your Registration Data.

We may, in Our sole discretion and without notice or liability to You or any third party, immediately suspend or terminate Your account and refuse any and all current or future access to and use of the Services (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of Your Registration Data, violation of the letter or spirit of this Agreement, providing content including without limitation Registration Data that is inappropriate or offensive in Our discretion, or if We have reasonable grounds to suspect any of the Registration Data that You provided is inaccurate, not current or incomplete.

You declare that by providing Your Registration Data to Us, You hereby consent to, Us sending, and You receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to Your use of the Site, the Services and related services, including further information and offers from Us that We believe You may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that We do not have to obtain Your prior consent (whether written or oral) before sending such communications to You, provided that We shall immediately cease to send any such further communications should You notify Us in writing that You do not wish to receive such commercial content anymore.

By using the Services, You agree to pay all associated set-up and subscription fees. In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise, for example with our Site for Life Services). Accordingly, where applicable, Main Goes Big will attempt to automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable fees using the payment method you have on file with Main Goes Big.

Main Goes Big reserves the right to establish the price for every Service We offer. We may change the price of any Service at any time, in Our sole discretion. We reserve the right to charge a price for a Service that was previous offered for free. If We decide to increase the price of Service for which You are subscribed, We will make every effort to communicate this pricing change to You via email. We do not need to notify You if We decide to raise the price of a Service for which You are not subscribed.

No refunds will be provided for subscription-based Services. For monthly subscription Services, You are welcome to cancel at anytime without obligation to pay for additional monthly payments.

All set-up fees, one-time or annual, in connection with Services, including but not limited to hire-a-pro and custom website design services, the Main Goes Big's services are non-refundable.

If and when participating in a free trial of a Service, You shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be discontinued if You do not elect to purchase a subscription to the Service. If You do elect to purchase a subscription to the Service, the free-trial period shall be considered concurrent with the thirty (30) day guarantee period and no further thirty (30) day guarantee period will be offered.

You are and shall be fully responsible for the payment of any taxes that apply to Your use of the Site or the Services.

The Services, including without limitation payment processing, may be handled directly by Us or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of Your personal information, and support levels). We recommend that You review the terms of use and privacy policy of such third parties before submitting any personal information and using such third parties' services.

You may access and use the Site and Services only for purposes as intended by the normal functionality of the Site and Services, and so long as You are in compliance with all provisions of this Agreement. In connection with Your use of the Site and the Services, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, You may not:

use (i) the Site, (ii) the Services, or (iii) any Content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);

interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by Us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;

harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;

add a Site member to Your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet;

use any Content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Services without Our prior written consent;

alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Services, any Content, or features;

access or attempt to access any of Our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;

decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;

copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;

use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);

fail to deliver timely payment for Your purchases;

use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by Us;

create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;

'deep-link', redistribute or facilitate the redistribution of Content; and

abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services

We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by Us.

In addition to these Terms, Your use of the Site and the Services is also subject to Our privacy policy which informs You of Our policies and procedures regarding the collection, use and disclosure of information We receive when You visit Our Site and use any part of Our Services. By using or accessing the Site and the Services, You also consent to the collection and use of information as described in Our privacy policy , as may be amended by Us from time to time. Our privacy policy is hereby incorporated by reference into this Agreement, and Your consent to these Terms shall be deemed Your consent to Our privacy policy.

You acknowledge that Our Site and the Services, including without limitation the Software, the trademarks, service marks and logos contained on the Site (“ Marks ”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site and the Services, and all Main Goes Big Content contained therein, are reserved by Us and Our licensors.

You acknowledge that Main Goes Big's Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to Main Goes Big's Content, the Site and the Services not expressly granted herein are reserved.

As part ofMain Goes Big and Main Goes BigMobile, the Services enable You to convert Your existing website or other web presence into a Main Goes Big-built desktop website, tablet website or mobile website. You understand that as part of this conversion process, some Content may not to transfer to the Main Goes Big-built desktop website, tablet website or mobile website or such Content may be modified or transformed during the conversion process. Main Goes Big is not and shall not be responsible for any such missing or modified Content. You also understand and agree that if You use the Services to convert Your existing website or other web presence into a Main Goes Big-built desktop website, tablet website or mobile website, Main Goes Big is not responsible for any decrease in web traffic, SEO ranking, or any related impact on Your business, financial or otherwise. You bear all risks associated with the conversion Your existing website or other web presence into a Main Goes Big-built desktop website, tablet website or mobile website.

You are solely responsible for Your interaction with other users of the Services and other parties with whom You come in contact through Your and their use of Our Site or the Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with one or more users of the Site or the Services, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

The Site contains links and references to websites belonging to other entities. We may, from time to time, at Our sole discretion, add or remove links to other entity's websites. These links are provided solely as a convenience to You, and access to any such websites is at Your own risk. We encourage You to be aware when You leave the Site, and to read the terms and conditions and privacy policy of each other entity's website that You visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event shall Main Goes Big be responsible for the information contained in such websites, their practices or for Your use of or inability to use such websites, or transmissions received from such websites. You expressly relieve Us from any and all liability arising from Your use of any third-party website.

Subject to the terms of this Agreement and so long as this Agreement is not terminated, We grant to You a nonexclusive, non-transferable, non-sublicensable right to display on Your website a link to the Site's homepage, as long as Your use is not misleading, illegal or defamatory, or Your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to You. You may not use the logo in any way that suggests that We endorses or sponsors Your site, or that tarnishes, blurs or dilutes the quality of Our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to Our benefit.

The data related to Your visit of Our Site and use of Our Services as well as any feedback you may provide Main Goes Big, including without limitation, images, words, ideas, knowledge, techniques, marketing plans, information, questions, answers, suggestions, emails comments, and the like shall be considered non-confidential nor of a proprietary nature. In providing this material, You authorize Us to use it and any images, developments or derivatives thereof, according to Our needs as determined in Our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from You or the payment of any compensation to You. You also agree that (i) by submitting unsolicited ideas to Us or any of Our or representatives, You automatically forfeit Your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Us or any of Our employees or representatives automatically become the property of Main Goes Big. You hereby assign and agree to assign all rights, title and interest You have in such feedback and ideas to Main Goes Big together with all intellectual property rights therein.

Main Goes Big'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; (II) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABILITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR ]SITE OR MOBILE WEBSITE, INCULDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.

In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed amount paid by You to Us pursuant to this Agreement.

YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.

We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.

As one of the final steps to publishing Your mobile website on the Main Goes BigMobile Service, You may be required to install or have installed in the code of Your website a certain section of code that redirects customers to Your mobile website (“ Redirect Code ”) when viewing Your website on a mobile device. In rare cases, installing Redirect Code incorrectly can cause a website to be impaired, malfunction or function differently.

Similarly, when accessing a Service from a Non-Main Goes Big Access Point, it may be necessary for a certain section of code (“ Script ”) to be added to Your website to ensure proper integration and functionality of the Service within Your website.

You understand and acknowledge at the Agreement’s Limitation of Liability (Sec. 16) and Indemnification (Sec. 17) apply to all foreseen and unforeseen situations arising from Your installation of Redirect Code and other Script insertion; in no way shall Main Goes Big or MFT be responsible for any related claims, liabilities, loss or damages.

When using our multi-language feature, you will have the option of translating the existing Content of the website using Google Translate. Google would like you to be aware of the following disclaimer:

"THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT."

The Services enable you to engage and procure certain third party services and tools, including domain registrars from which you may purchase a domain name for your website, (collectively, “Third Party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Main Goes Big Services, offered separately by Main Goes Big or otherwise offered anywhere on the Services), Main Goes Big merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Main Goes Big will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, Main Goes Big may, at any time and at its sole discretion, suspend, disable access to or remove from your account and/or the Services, any Third Party Services – whether or not incorporated with or made part of your account and/or website(s) at such time – without any liability to you or to any end users.

YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Main Goes Big users who infringe or are believed to be infringing the rights of copyright holders:

If You believe that any material contained on this Site infringes Your copyright, You should notify this Site's Designated Agent listed below by mail or email with the following information required under 17 U.S.C. § 512:

Attn: Main Goes Big Legal
4660 La Jolla Village Dr. Suite 500, San Diego, Ca. 92122             
info@maingoesbig.com
Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address; (e) a statement by You that You have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by You that the information in the notification is accurate and, under penalty of perjury that You are authorized to act on the copyright owner's behalf.

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, We reserve the right at any time and in Our sole discretion, to remove content which in Our sole judgment appears to infringe the intellectual property rights of another person.

This Agreement will be governed by laws of the State of California without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue in the courts in San Diego, California, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sough in any court.

No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between You and Us as a result of the use of the Site or the Services. This Agreement comprises the entire agreement between You and Us, states Our and Our suppliers' entire liability and Your exclusive remedy with respect to the Site and Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against Us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.

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