Fine print...makes attorneys happy...makes us put on reading glasses....
This Agreement contains the complete terms and conditions that apply to your use of materials available for download, including without limitation copyrighted materials relating to The 3/50 Project (collectively, the “Materials”). As used in this Agreement, "we," "us," and “our” refer to The 3/50 Project; "you" and "your" refer to the party accepting the terms of this Agreement, as described below.
Term and Termination
This Agreement will become effective upon your indication of acceptance on the Registration page or by alternative method acceptance of materials. Either party may terminate this Agreement at any time, with or without cause. You agree to cease all use of the Materials, as well as any works you may have created based on the Materials, immediately upon termination. You agree that your continued use of the Materials, or works based thereon, after termination will result in direct harm to us and entitle us to immediate injunctive relief and damages. You further agree that upon termination, you will transfer any domain names incorporating any of our marks to us, you will cease to make any representations, express or implied, that you are affiliated with The 3/50 Project, and you will not in the future use or apply to register any trademarks, service marks, trade names, slogans, or domain names consisting of or incorporating any marks or terms used by us as part of The 3/50 Project.
The 3/50 Project makes Materials available on the Resources page for your use, without edits, changes, or alterations of any kind. It’s okay to print them out to use as explained on that page as long as nothing is touched between the four outer edges of the items.
Use of anything beyond what’s specified on that page must be approved in writing first.
Access to these Materials, the Resources page, and the Website does not grant authorization to use The 3/50 Project name, logo, tag lines, brand, content, or other associated items beyond what is described and provided on the Resources page.
Items found in the Ads and Media section of the Resources page are provided solely for use in approved print advertising campaigns and in print media publications. Use is not authorized beyond that, without express written permission. None of the images may be altered, edited, or otherwise changed.
Any promotion associated with / incorporating The 3/50 Project (specifically or loosely) must adhere to and support the goals of The 3/50 Project. If the promotion requires payment from independent business owners to participate, written permission must be granted in advance.
The registered trademarks and copyrights belong solely to Cinda Baxter, and all rights associated with them are reserved. Decisions made regarding permissions and The 3/50 Project is at the sole and final discretion of Cinda Baxter as founder and owner of the Project.
Use of The 3/50 Project banner logo (in whole or in part) or our tag lines—either as shown or in conjunction with a third party or group—is strictly prohibited and a violation of the registered trademarks and copyrights.
Representations and Warranties; Limitation of Liability
THE 3/50 PROJECT WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT.
Acceptance of this Agreement signifies that you release The 3/50 Project, Cinda Baxter, and Always Upward of all liability due to use or misuse of information, materials, or any other element of the project. Likewise, you agree that no promise of specific outcome as a result of using or instituting these materials or concepts has been made.
The 3/50 Project collects email addresses for its use in contacting registrants, for both informational and marketing purposes. We will never, ever share, sell, fold, spindle, or mutilate the information you submit here. It will be only to (a) list you as a supporter on the site, and (b) to contact you ourselves. That’s it. Nothing more. After all, we despise spammers as much as you do.
Intellectual Property Rights
The 3/50 Project hereby grants to you for the duration of this Agreement a non-exclusive, non-transferable, royalty-free license to use the Materials solely to promote your store, independent retail operations, locally owned brick and mortar commercial property based businesses, and organizations that support the program and its mission. Except as set forth above, you and we each reserve all right, title and interest in our respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other's marks except as set forth herein is strictly prohibited. All promotional materials created by you from the Materials shall be considered derivative works, and all copyrights therein shall be owned by us. You agree to execute promptly any and all documents that may be necessary to perfect our ownership in the promotional materials created by you, and you agree not to assert any claims or right against us regarding our use and right to use such promotional materials.
You and we are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us. Notwithstanding the foregoing, all copyrights in any promotional materials created from the Materials shall be owned by us, and if the law so requires, assigned by you to us.
Neither you nor we will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written notice to the other and will use commercially reasonable efforts to minimize the impact of the event.
Governing Law, Jurisdiction, and Venue
This Agreement shall be governed by and construed in accordance with the internal laws and decisions of the State of Minnesota. You agree and consent to the exclusive jurisdiction of the courts of the State of Minnesota for all purposes regarding this Agreement and further agree and consent that venue of any action brought hereunder shall be exclusively in Hennepin County, State of Minnesota.
You may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
The failure of either you or us to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
This Agreement represents the entire Agreement between you and us with respect to the subject matter hereof and supersedes any other oral or written agreements regarding such subject matter. We reserve the right to amend or modify the agreement at any time, at which point you would be required to accept the revised Agreement before continuing to use the Materials.
If any provision of this Agreement will be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.