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.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of the website of Deal Arts, Inc. dba The Main Stage and its affiliates (collectively, the “Site” and/or "The Main Stage") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by The Main Stage upon posting of the modified Agreement. The Main Stage will alert you to any changes by updating the “Last Updated” date in this Agreement and you hereby waive any specific notice in that regard. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use. The Site is an online platform for the display of information and User Content and interaction between the User and third parties. The Main Stage is not a licensed broker dealer under applicable state of federal laws and is not involved in the offer or sale of securities.
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.
3. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.themeainstage.com/privacypolicy.
4. THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE MAIN STAGE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS
5. Access and Use of the Site
a. Your Registration Obligations. You may be required to register with The Main Stage in order to access and use certain features of the Site. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to register to use 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
personal data that you provide subject to the terms of the Privacy Policy.
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.
10. Indemnification and Release. You agree to indemnify, defend and hold The Main Stage and its affiliates and their officers, employees, directors and agents harmless from and against any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site or any related information, any User Content, your application(s) to The Main Stage or the results thereof, your violation of these Terms of Use or your violation of any rights of another.
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.
13. Use of Information. The Main Stage reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
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.
a. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and The Main Stage, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and The Main Stage are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
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 legal@themainstage.com. 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 3020 Bridgeway #231, Sausalito, CA. 94965.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
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.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.
h. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Terms of Use to the contrary, The Main Stage agrees that if it makes any future change to this Arbitration Agreement while you are a user of the Site, you may reject any such change by sending The Main Stage written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
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.
19. Termination. All purchases are non-refundable. You can cancel the service at any time by contacting The Main Stage. Your cancellation shall take place at the end of the paid term. You agree that The Main Stage, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove any content within the Site, for any reason or no reason, including, without limitation, for lack of use or if The Main Stage believes that you have violated or acted inconsistently with the letter or spirit of thi Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities. The Main Stage may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that The Main Stage may (but has obligation to) immediately deactivate or delete your account and/or bar any further access to such files or the Site. Termination of your account or access to any component of the Site will not terminate your rights to your User Content. Further, you agree that The Main Stage will not be liable to you or any third party for any termination of your access to 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.
21. Entire Agreement This Terms of Use and Privacy Policy constitute the entire agreement between you and the Site and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Site with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. the Site may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
22. Contact Information.
Deal Arts, Inc.
dba The Main Stage
Address:
3020 Bridgeway #231
Sausalito, CA. 94965
Phone number: 415-569-4481
E-mail address: legal@themainstage.com