TERMS OF SERVICE

 

Carefully read the following terms and conditions of this agreement. By accessing and using the design Products and Services of Main Street, LA, a label of Joness Jones Studios, you ("Customer") indicate the acceptance of the following terms and conditions and you agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE MAIN STREET, LA PRODUCTS AND SERVICES or associated Products and Services and promptly notify Main Street, LA in writing.
 

This agreement constitutes the complete and exclusive statement of the agreement between you and Main Street, LA with respect to Main Street, LA Products and Services and SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, oral or written, and any other communications relating to the subject matter of this agreement.

Now, therefore, in consideration of the mutual covenants set forth herein, Main Street, LA and Customer agree as follows:
 

1. Order Acceptance, Payment and Rates

A. All orders are subject to acceptance by Main Street, LA. An order will be deemed accepted by Main Street, LA when Main Street, LA sends written confirmation of the order to Customer.
 

B. Main Street, LA shall bill Customer for any applicable fees and related Products and Services as selected by Customer and provided by Main Street, LA. Main Street, LA reserves the right to change the amount of, or basis for determining, any fees or charges and institute new fees and charges upon prior notice to Customer. If payment by Customer's bank is denied, or Customer's check is returned to Main Street, LA for any reason, or Customer otherwise fails to make any payments owing to Main Street, LA, Main Street, LA may, at it’s discretion, suspend or terminate access to Products and Services and/or terminate this Agreement. Customer's right to use Main Street, LA Products and Services are subject to any limits established by Main Street, LA or by the Customer's bank. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance, which is more than thirty (30) days overdue. Customer shall be responsible for any and all taxes related to this Agreement.

2. Main Street, LA Products and Services

A. During the term of this Agreement, Main Street, LAshall provide Products and Services to Customer according to an agreement (either written or verbal) accepted by Customer. The specific Products and Services to be provided to Customer shall be established by correspondence between Main Street, LA and Customer. Such Products and Services shall be deemed incorporated by reference into this Agreement, as if fully set forth herein. Main Street, LA and Customer shall retain copies of such Products and Services for future reference.
 

3. Rules and Regulations

From time to time Main Street, LA may impose reasonable rules and regulations regarding the use of Main Street, LA Products and Services. Such rules and regulations are called acceptable use policies and are posted on the Main Street, LA web site at https://www.mainst.la. All such acceptable use policies are incorporated by reference into this Agreement as is fully set forth herein.
 

4. License Grant

During the term of this Agreement, Main Street, LA grants to Customer a non-exclusive, personal, non-transferable license to access and use Main Street, LA Products and Services. Main Street, LA may modify Main Street, LA Products and Services at any time for any reason and may provide modified versions of Main Street, LA Products and Services to Customer.
 

5. Intellectual Property Rights

Customer acknowledges and agrees that Main Street, LA Products and Services constitute confidential and proprietary information of Main Street, LA and its licensors and embodies trade secrets and intellectual property of Main Street, LA and its licensors protected under United States copyright and other laws and international treaty provisions. Customer further acknowledges that all right, title, and interest in and to all parts of Main Street, LA Products and Services, including, without limitation, associated intellectual property rights, are and shall remain with Main Street, LA and its licensors. Customer shall not, and shall cause its employees and agents not to, disclose or transfer any portion of Main Street, LA Products and Services to any third party. Customer further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of Main Street, LAProducts and Services. Customer hereby acknowledges that, if Main Street, LA at any time or from time to time performs any customizations or modifications to Main Street, LA Products and Services, all rights and interests to such customizations or modifications shall be the sole property of Main Street, LA.
 

7. Exclusion of Warranties

MAIN STREET, LA PROVIDES MAIN STREET, LA PRODUCTS AND SERVICES ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, whether express or implied, including, but without limitation, any implied warranty of merchantability, or fitness for a particular purpose.

While Main Street, LA makes reasonable efforts to maintain Main Street, LA Products and Services, many factors are not withinMain Street, LA control. Therefore, Main Street, LA does not warrant, and is not responsible for (even if caused by the negligence of Main Street, LA) any loss of data, delays, non-delivery or misdelivery of information, lack of access, slows response time, or service interruptions or errors. Loss, delay or non-delivery of data can be due to but not limited to Main Street, LA own negligence, viruses or other third parties. Customer's data is defined as any data held by Main Street, LAand includes account information, web hosting data, email and domain name Products and Services. This disclaimer and waiver shall apply equally to any and all third party providers. Main Street, LAprovides no warranty to customer regarding the accuracy of usage statistics, which Main Street, LA may provide in its discretion. Further, no advice or information given by a Main Street, LA representative shall create a warranty or serve as an amendment to this agreement.

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Main Street, LAhas the right to change prices, or add or delete product features of any existing product or service. The right to change products or Products and Services extends to any software supporting a product or service. Main Street, LA reserves the right to change prices or material features at any time upon 30 days prior notice. Main Street, LA reserves the right to institute new fees or new material features at any time upon 30 days prior notice. Main Street, LA has the right to discontinue products or Products and Services and the right to remove or reassign IP addresses of a customer's web site. Main Street, LA also has the right to deactivate a customer's service with a thirty (30) day notice. Except for certain products and Products and Services specifically identified as being offered by Main Street, LA, Main Street, LA does not control any materials, information, products, or Products and Services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Main Street, LAhas no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the Products and Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all Products and Services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.

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8. Limitation of Liability and Damages

THE TOTAL AGGREGATE LIABILITY OF MAIN STREET, LA TO CUSTOMER SHALL BE LIMITED TO THE AMOUNT PAID TO MAIN STREET, LA BY CUSTOMER HEREUNDER DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH MAIN STREET, LA IS LIABLE TO CUSTOMER. IN NO EVENT SHALL MAIN STREET, LA BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT MAIN STREET, LA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

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9. Confidentiality

Customer acknowledges that by reason of its relationship withMain Street, LA, it may have access to certain information and materials relating to Main Street, LA business, customers, software technology and marketing which Main Street, LA treats as confidential (collectively "Confidential Information"). Customer shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative: and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

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10. Indemnification

Customer shall indemnify and hold Main Street, LA harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Company may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney's fees) and for any act or omission of Customer or its clients which are in any way related to Main Street, LA.

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11. Export Control

Customer agrees not to export or re-export any portion of Main Street, LA Service outside of the United States. Customer further agrees to comply with all United States and other applicable laws, rules and regulations relating to the export, re-export or transshipment of Main Street, LA and Services.

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12. Force Majeure

Either party shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

13. Miscellaneous

Customer may not assign its rights or delegate any of its duties under this Agreement without our prior written consent of Main Street, LA, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of partners or joint ventures. Main Street, LA has the right to amend the Agreement from time to time, and will do so by posting the new Agreement on the Main Street, LA web site under the Terms and Conditions at the Policies and Agreements page. The Agreement shall be governed by the laws of California, without giving effect to applicable conflict of laws provisions. The federal and state courts located in Los Angeles, California alone have jurisdiction over all disputes arising out of or related to this Agreement and the Products and Services. 

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14. California Consumer Protection

Under California Civil Code Section 1789.3, California subscribers are entitled to the following specific consumer rights information: the complaint Assistance Unit of the Division of Consumer Products and Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.