TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
2. Fees and Payment. You may be required to purchase or pay a fee to access or use some of our services. You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information including email address, payment method and payment card expiration date, so that The Main Stage can complete your transactions and contact you as needed. We will bill you through an online billing account for purchases made via the Site. We may also use a third party billing and payment service to collect payments. This service will collect and store your payment information including credit card data, authorizations and personal data related thereto. Sales tax will be added where required by law. We may change prices from time to time. All payments shall be in US Dollars. If your purchase is on a recurring basis, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. The Main Stage reserves the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. The Main Stage also reserves the right to refuse any order placed through the Site.
5. Access and Use of the Site
b. Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify The Main Stage of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Site. The Main Stage will not be liable for any loss or damage arising from your failure to comply with this Section.
c. Modifications to Site. The Main Stage reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that The Main Stage will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
d. General Practices Regarding Use and Storage. You acknowledge that The Main Stage may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on The Main Stage’s servers on your behalf. You agree that The Main Stage has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You acknowledge that The Main Stage reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Main Stage reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6. Intellectual Property Ownership. All content uploaded to The Main Stage by you or your
agents (“User Content”) shall be the property of you, your agents or
your suppliers. Any third party materials uploaded to the Site shall not
violate the copyrights or other rights of any third party. You hereby grant The
Main Stage the right to access, store, process and use of information and
Data regarding usage by third parties shall be the property of The Main Stage or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. You have a non-exclusive, limited license to use data of The Main Stage. The Site is and shall remain the property of The Main Stage and is also protected by trademark and copyright and other intellectual property laws. Except as expressly permitted in this Agreement, you shall not use, copy, distribute or reverse engineer The Main Stage. Under no circumstances will you acquire any ownership rights or other interest in any intellectual property of The Main Stage by or through your use of this Site, except by written authorization by the content owner.
7. Trademarks. The Main Stage™ and other marks, logos and similar representations are either trademarks or registered trademarks of The Main Stage or licensed for its use. Other product and company names mentioned on this Site may be trademarks of their respective owners.
8. Site Use. The Main Stage grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site uploaded, or posted, by other third parties without their express consent, reverse engineer or break into the Site, or use materials, products or services in violation of any law. You further agree not to (i) use any information on the Site to bully, harass or intimidate others, (ii) submit false reports of abuse or misconduct, (iii) trick, defraud or mislead others, (iv) circumvent or disable or otherwise interfere with security-related features of the Site, (v) engage in any automated use of the Site to send comments or messages or using any data mining, robots or similar data gathering or extraction tools, (vi) interfere, with, disrupt or create any undue burden on the Site, (vii) attempt to impersonate another person or use the username or credentials of another person, or (viii) upload or transmit any viruses, trojan horses or other harmful code or interfere with any party’s uninterrupted use and enjoyment of the Site. The use of this website is at the discretion of The Main Stage and The Main Stage may terminate your use of this Site at any time for any reason or no reason.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. No deceptive, misleading, fraudulent, pornographic, misappropriated or illegal content may be posted, uploaded or added to the Site. The information provided on this Site and any User Content is not intended to be accessed in any jurisdiction where accessing, reviewing, using such information or User Content is a violation of applicable law or regulation. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Disclaimer of Warranties. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" “WITH ALL FAULTS” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE MAIN STAGE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. ADDITIONALLY, THE MAIN STAGE DOES NOT GUARANTY THAT THE SITE WILL BE OPERATIONAL OR ACCESSIBLE ALL OF THE TIME. THE SITE MAY BE SUBJECT TO PERIODIC MAINTENANCE OR OTHER INTERRUPTIONS.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE MAIN STAGE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is ___________, who can be reached as follows:
By E-mail: ________________
15. Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE MAIN STAGE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE MAIN STAGE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution. The Main Stage is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing us at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to The Main Stage should be sent to 129 Miller Ave Ste 822, Mill Valley, CA 94941.
Unless The Main Stage and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the arbitration shall take place in San Francisco, California. The Main Stage agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
16. Applicable Law. You agree that the laws of the State of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and The Main Stage or its affiliates.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. The failure of the Site to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Site must be in writing and signed by an authorized representative of the Site.
20. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
22. Contact Information.
Deal Arts, Inc.
dba The Main Stage
129 Miller Ave Ste 822
Mill Valley, CA 94941
Phone number: 415-569-4481
E-mail address: [email protected]