THE MAINSTREEM TERMS OF SERVICE

These Terms of Service ("Terms") govern your access to and use of The Mainstreem Portal and The Mainstreem Network (subsidies of Journietyme Media LLC), accessible through https://www.themainstreem.com/ including any The Mainstreem applications and websites (the "Services"), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

...

BASIC TERMS

You are responsible for your use of the Services, for any Content you provide for provision of the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The Services that The Mainstreem provides are always evolving and the form and nature of the Services that The Mainstreem provides may change from time to time without prior notice to you. In addition, The Mainstreem may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include Digital Content, Marketing, and for gamers, which may be targeted to the Content or information on the Services, queries made through the Services, or other information.

PRIVACY

Any information that you provide to The Mainstreem is subject to our privacy policy, which governs our collection and use of your information.

You understand that through your use of the Services you consent to the collection and use (as outlined in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by The Mainstreem. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you’re Mainstreem account, which you may not be able to opt-out from receiving.

...

PASSWORDS

...

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account and with other accounts that you may connect to your The Mainstreem account (such as your email).

The Mainstreem cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

WARRANTIES AND LIABILITY

We make every effort to ensure that our services are accurate and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the services, and we provide no warranties as to the function or use of the service (we refer to a minor percentage chance of incompatibility).

You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or losses arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special, or exemplary damages including data loss, data breaches, data loss due to natural disasters, and website downtimes.

YOUR LICENSE TO USE THE SERVICES

The Mainstreem gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the services that are provided to you by The Mainstreem as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by The Mainstreem, in the manner permitted by these Terms.

...

THE MAINSTREEM RIGHTS

...

All right, titles, and interests in and to the Services (excluding Content provided by users- website designs) are and will remain the exclusive property of The Mainstreem and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. The Mainstreem reserves all rights not expressly granted in these Terms.

PAYMENTS, SUBSCRIPTIONS, AND COMMISSIONS

Based on the representations and warranties and subject to the terms and conditions set forth herein, the undersigned (the “user”) hereby irrevocably subscribes for and agrees to subscribe to services as stipulated herein:

• User Subscription $5.99
• Content creators 1-year subscription $499
• Major promotion content creators 1-year subscription $299

Rates are subject to change Journietyme Media gets a 30% commission for publishing any content being campaigned on any of their platforms. The administrator gets a 5% commission for each sale made through Journietyme media platforms.

...

REFUNDS AND CHARGEBACKS

...

Once a service has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our services. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

CONDUCT

The Mainstreem reserves the right to cancel any active subscription if we deem the content inappropriate, violent, or distasteful and no refunds will be provided. We may not offer services that:

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights
  • Is a direct and specific threat of violence to others
  • Is pornographic or sexually explicit
  • Is furtherance of illegal activities; or
  • Is harassing, abusive, or constitutes spam.

...

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

  • satisfy any applicable law, regulation, legal process, or governmental request
  • enforce the Terms, including investigation of potential violations hereof
  • detect, prevent, or otherwise address fraud, security, or technical issues
  • respond to user support requests
  • protect the rights, property, or safety of The Mainstreem, its users, and the public.
  • The Mainstreem does not disclose personally-identifying information to third parties except by our privacy policy.

...

You may not do any of the following while accessing or using the Services:

  • access, tamper with, or use non-public areas of the Services, The Mainstreem's computer systems, or the technical delivery systems of The Mainstreem's providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The Mainstreem (and only pursuant to those terms and conditions) unless you have been specifically allowed to do so in a separate agreement with The Mainstreem (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of The Mainstreem is expressly prohibited);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

ENDING THESE TERMS

The Terms will continue to apply until terminated by either you or The Mainstreem as follows. You may end your legal agreement with The Mainstreem at any time for any reason by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your subscription/accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited too if we reasonably believe:

  • You have violated these Terms,
  • You create risk or possible legal exposure for us; or
  • Our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

...

Nothing in this section shall affect The Mainstreem's rights to change, limit or stop the provision of the Services without prior notice.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

...

Please read this section carefully since it limits the liability of The Mainstreem and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "The Mainstreem Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law

Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis.

Without limiting the foregoing, THE MAINSTREEM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Mainstreem Entities make no warranty and disclaim all responsibility and liability for :

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

C. Limitation of Liability

To the maximum extent permitted by applicable law, the the mainstreem entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from :

In no event shall the aggregate liability of the mainstreem entities exceed the greater of one hundred u.s. dollars (the u.s. $100.00) or the amount you paid the mainstreem, if any, in the past six months for the services giving rise to the claim. the limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the the mainstreem entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12. GENERAL TERMS


A. Waiver and Severability

The failure of The Mainstreem to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the United States without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in a federal or state court, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction, or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law (excluding choice of law).

C. Entire Agreement

These Terms, our terms of services, and our privacy policy are the entire and exclusive agreement between The Mainstreem and you regarding the Services (excluding any services for which you have a separate agreement with The Mainstreem that is explicitly in addition or place of these Terms), and these Terms supersede and replace any prior agreements between The Mainstreem and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at https://www.themainstreem.com/privacy-policy/ . If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as outlined in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.