This Terms of Use (“terms”) contains the legally binding terms for our services. Your access to and use of this website, mobile site, mobile application, or service(s) (the “services”) are offered by Main Stream Media OÜ, an Estonian registered company. The “user”, “you” or “yours” shall refer to any natural person or entity that subscribes or uses our services. Certain features of the website may be subject to additional guidelines, terms, or rules, which will be posted on the website in connection with such features. All such additional terms, guidelines, and rules are deemed to be a part of these terms.

By accessing or using the website, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter these terms (on behalf of yourself or the entity that you represent). You may not access or use the website or accept the terms if you are not at least 13 years old. If you do not agree with all the provisions of these terms, do not access and/or use the Service.

These terms require the use of arbitration to resolve disputes, rather than jury trials or class actions and limit the remedies available to you in the event of a dispute.

1. Who may use the service

There are certain requirements to use the service.

1.1 Age Requirement

Your age must be above 13 to use the service. If you are a minor as per your country's applicable laws then you are required to access the service through a Parent or Legal Guardian.

1.2 Sound Mind

You are required to be of sound mind to use our services, to make sure that you understand all the terms and conditions and all other applicable policies

1.3 Confidential Information

It’s your prime responsibility to keep secure your purchase process information; in case of any mishandling, you are required to inform Main Stream Media OÜ. You further agree to notify Main Stream Media OÜ, in case of violation of the above-cited requirements. We cannot and will not be responsible, for any loss or damage if you fail to comply with this provision.

2. Access to service

2.1 Authorization:

You are required to be an independent natural person or entity to grant consent to our services, for all assigned works or procedures required under service to perform certain obligations. Provide the information as described in Privacy Policy. Guidelines regarding Data handling are subject to the privacy policy.

2.2 Payment and Charges

Main Stream Media OÜ is known for its unique services that you may avail of by paying charges. Prices of services can change over time, this could be with or without notice. Once you confirm the required service of Main Stream Media OÜ, you authorize us to charge the payment method you submitted for all the invoices generated for the services we rendered.

If the user wishes to cancel or change the purchase before or during the transaction, please contact info@main-stream.media.

2.3 Refunds and Cancellation

The service user has the privilege to cancel any transaction before the service has been occurring. If the service provider starts the service then the user shall be under an obligation not to cancel the transaction. If the service user does so, the service providers reserve the right to claim damages.

2.4 User Code of Conduct

Subject to these and other prevailing terms, Main Stream Media OÜ permitted you a limited license to use the website and its content in accordance with applicable terms. In addition to these terms, there are some other restrictions that Main Stream Media OÜ requires you to follow;

The following restrictions apply to your use of the Service:

1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the service or any content except
   1. As expressly authorized by the Service; or
   1. With prior written permission from Main Stream Media OÜ and, if applicable, the respective rights holders.

2. Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the services (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of the service or (b) limit the use of the services or content.
3. Access the services using any automated means (such as robots, botnets, or scrapers) except with Main Stream Media OÜ prior written permission.
4. Use the Service to run unsolicited promotional or commercial campaigns or other unwanted or mass solicitations.
5. Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
6. Run contests on or through the services that do not comply with Main Stream Media OÜ policy.
7. Use the Service to play the coaching other than for personal, non-commercial use (for example, you may not publicly sell our services).
8. Use the services for fraudulent activities.

2.5 Refusal & Termination

Main-Stream Media OÜ reserves the right to refuse any person or entity to perform services for the reasons stated below or any other, which the platform considers harmful:

1. You materially or repeatedly breach this agreement.
2. We are required to do so to comply with a legal requirement or a court order.
3. We believe there has been conducting that creates (or could create) liability or harm to any user, other third parties, Main Stream Media OÜ, or our Affiliates.

2.6 Modifications or changes

Main Stream Media OÜ is constantly changing and improving its services. We may also need to alter or discontinue these services, or any part of it, to make performance or security improvements, change functionality and features, make changes to comply with the law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even an individual user.  Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our services that will affect the use of our services.

However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our services, prevent abuse, or comply with legal requirements. 

3. Intellectual Property Claims

3.1 Trademarks and Copyrights

If anyone has any claim regarding intellectual property e.g., content claim, copyright claim, and trademark claim shall be dealt with by the arbitration tribunal. The arbitration may conduct in Ontario under the supervision of one appointed arbitrator. If the problem may not solve then the court, Ontario, Canada has jurisdiction to adjudicate the issue.

The user must file a complaint regarding any material infringement the service will do its best to resolve the issue.

4. Disclaimer

We believe our services are reliable and your satisfaction is our priority, however, our guarantee is limited. Main Stream Media OÜ requires from your side reasonable care to act upon, as we do not guarantee the accuracy of the content, information, expectation or needs required by users.

Other than, as expressly stated in this agreement or as required by law, Main Stream Media OÜ expressly disclaims any and all warranties and conditions of any type whether express or implied statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Main Stream Media OÜ does not assure any warranty or claim regarding the content or whatsoever.

Main Stream Media OÜ and third-party providers also forecast no responsibility and shall not be liable for any damages or viruses that may cause infection to your computer equipment or other property arising from or related to, access to, use of, or browsing in the website or the downloading of any materials, data, text, images, video or audio from the website.

If applicable law requires any warranties concerning the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

5. Limitation of liability

Except as required by prevailing law, Main Stream Media OÜ, its affiliates, officers, directors, employees, and agents will not be liable for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data or content; indirect or consequential loss; punitive damages caused by:

1. Errors, mistakes, or inaccuracies in the service.
2. Any unauthorized use of the service.
3. Any interruption or cessation of the service.
4. Any viruses or malicious code transmitted to or through the service by any third party.
5. The removal or unavailability or suspension of any content.

This provision applies to any claim, regardless of whether the claim is asserted on warranty, contract, tort, or any other legal theory.

6. Indemnity

To the extent grant by applicable law, you agree to defend, indemnify and hold harmless Main Stream Media OÜ, its Affiliates, officers, directors, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from

1. Your violation of any term of these terms of service.
2. Your violation of any third party right, including without limitation any copyright, property, or privacy right.
3. Any claim that your content caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the services. You are further agreeing that you will not settle any claim without the written consent of Main Stream Media OÜ. Main Stream Media OÜ will utilize maximum effort to notify you of any claim regarding your actions.

7 Severability

If one or more provisions of this agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. If the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then;

• Such provision shall be excluded from this agreement.
• The balance of the agreement shall be interpreted as if such provision were so excluded.
• The balance of the agreement shall be enforceable by its terms.

8. Waiver

No claim or right arising out of a breach or default under this agreement shall be discharged in whole or in part by a waiver of that claim or right unless the waiver is supported by consideration and is in writing and executed by the aggrieved party hereto or his or its duly authorized agent.

9. Titles and Subtitles

The titles and subtitles used in this agreement are used for convenience only and are not to be considered in construing or interpreting this agreement.

10. Notices

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "notice") shall be in writing and addressed to the parties at the addresses set forth on the first page of this agreement. All notices shall be delivered by email except as otherwise provided in this agreement, a notice is effective only if:

1. The receiving party has received the notice.
2. The party giving the notice has complied with the requirements of this Section.

11. Counterparts

This agreement may be executed in counterparts and either party hereto may execute any such counterpart, each of which when executed and delivered will be deemed to be an original and all of which counterparts taken together will constitute one and the same instrument.

12. About Agreement

These Terms constitute the entire agreement between you and Main Stream Media OÜ. However, in the case where you might require services that involve website design, an extra contract, extensively explaining the terms for the named service will be drawn.

We may amend or modify this agreement, to show changes to our service, legal, regulatory, and security reason. Main Stream Media OÜ, will notify you with reasonable advance notice of any material amendments or modifications and will allow you to review them; we may change the agreement in unavoidable circumstances without any prior notice which may take effect immediately. If you do not agree to the modified terms you may discontinue your use of service.

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

13. Governing Law

The Canadian Law will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. You and Main Stream Media OÜ, consent to jurisdiction in the court of Ontario

Last updated on 01-01-2022