These terms are actively under review. Last updated February 25, 2021.
You understand that all interactions with Merchants found on or through MainStroll, including interactions related to payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Merchants. MainStroll is not a party to any such transaction and makes no warranties whatsoever with respect to the transaction or the goods or services involved.
You understand that Merchants listed on MainStroll operate independently and not under our control. Your participation in offers, promotions, or correspondence with any Merchant is solely between you and that Merchant.
All prices displayed on MainStroll are based on the pricing information posted by Merchants and we make no promises about the reliability or accuracy of any such information appearing on the MainStroll website. You agree to deal directly with any Merchant with whom you transact any business and understand that MainStroll is not an agent of any listed Merchant.
MainStroll does not guarantee or represent the completeness, reliability, or accuracy of any features or Content appearing on the website. You understand that by using the Services, you may be exposed to Content you may find offensive, inaccurate, deceptive or in some cases, mislabeled. We expressly disclaim any liability for any Content, including but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any Content posted, communicated or otherwise made available via the Services. By using the Services, you relieve us of any and all liability arising from your use of any third-party website, service, feature or application.
You understand that MainStroll may receive compensation for sharing Listings on our platform and referring consumers to the Merchants appearing on the website. Compensation received by MainStroll may play a part in whether retailers and listings appear on our Services, where they are placed, and how we promote them to you.
These Terms do not create any partnership, joint venture, employment or other relationship between you and MainStroll. The Services provided are at the sole discretion of MainStroll and subject to your compliance with this Agreement.
These Terms of Service (“Terms”) govern Merchants’ use of the MainStroll website and our rights and obligations with respect to any photographs, listings, information, tags, graphics or other materials (the “Content”) uploaded, imported, tagged or posted by you or on your behalf in connected with the Services. Please read these Terms carefully, and contact us if you have any questions.
You may use MainStroll only if you can legally form a binding contract with MainStroll, and only in compliance with these Terms and all applicable laws. The Services are not targeted toward or intended for use by anyone under the age of 18. By accessing the Services, you represent and warrant to MainStroll that: (a) you are 18 years of age or older; (b) you are of legal age to form a binding contract; (c) have not previously been suspended or banned from using the Services; (d) all information you submit is accurate and truthful and you will maintain that accuracy of such information; (e) you have full power and authority to use and access the Services and that doing so will not violate any other agreement to which you are a party.
Subject to your compliance with this Agreement, MainStroll grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by MainStroll in accordance with this Agreement. This license does not include any resale or commercial use of any Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of MainStroll, its affiliates, or third-party websites or listings, whether or not appearing with a trademark symbol, belong exclusively to MainStroll or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
You may not use any metatags, other “hidden text” or bid on keywords containing “MainStroll” or other similar marks, including, but not limited to, misspellings, for the purpose of driving traffic to your pages. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, menus, “Strolls,” logos and mark of MainStroll may not be copied, imitated or used, in whole or in part, without prior written permission from MainStroll.
MainStroll may offer certain Services for a fee. These fees are usually recurring fees (“Subscription Services”) and the scope and features of the Services and the amount of fees due will be described in the respective Service descriptions. MainStroll uses Stripe to process payments securely. If you purchase a Subscription Service, the relevant distribution and or payment platform terms will also apply. You acknowledge that any billing and transactions are handled by that platform provider and shall contact the platform provider directly if you have payment related issues with Subscription Services.
Subscription Services may include paid subscriptions to access special features or additional Services. These features are subject to change and certain features may be discontinued or temporarily unavailable as described in the Subscription Services description.
We may at our sole discretion offer you Subscription Services for a certain time free of charge, (a “Free Trial”). Unless described otherwise in the respective Service description, we will convert the Free Trial to a Subscription Service subject to a fee. This automatic conversion does not apply if you have deactivated the automatic renewal in your settings at least 24 hours before the end of the trial period or before the applicable automatic renewal deadline.
The term for a Subscription Service begins with the placement of the order and continues for the initial term as provided in the description of the purchased Subscription Service. The subscription will automatically renew for the same period as the Initial Term (“Renewal Term”) and in accordance with the then-current fees as described in the Subscription Service description. If you have terminated the subscription before the Termination Period, then you will not be able to access and use the Subscription Services, including paid subscriptions to special features, once the Initial Term or the respective Renewal Term has expired. To terminate a subscription, you may cancel your subscriptions in your Account Settings.
Upon termination of your Account, all licenses and rights granted to you in these Terms (including any paid services) will immediately cease. Consequent to termination, you will no longer be permitted to access the Services.
You retain all rights in, and are solely responsible for the Content you post on MainStroll. You assume all risks associated with your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose.
You represent that you possess all rights necessary to provide such content to MainStroll and grant MainStroll the rights to use such information in connection with the Services provided herein. When posting Content to MainStroll, you agree the content you post will not contain third-party copyrighted materials or material that is subject to other third-party rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and grant MainStroll all of the license rights herein.
You agree that you will not use the Services or contribute any User Content (including, without limitation, anything in connection with your website) in a manner that (a) infringes or violates the intellectual property rights or proprietary rights of any third party in connection with your use of the Services; (b) violates any law, statute, rule, ordinance or regulation or otherwise constitutes manipulative or misleading activity; (c) violates any other agreement or obligations you have to any third party; (d) is harmful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (e) misrepresents the source or identity of any content; (f) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (g) impersonates, or falsely indicates an affiliation with, any person or entity.
By posting your User Content on MainStroll, you grant MainStroll a license to use it. We do not claim any ownership, but we have permission to use it to help MainStroll function, grow, and promote your listings. As such, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, assignable license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your User Content on MainStroll solely for the purpose of helping MainStroll operate and develop. We reserve the right to remove or modify User Content, or change the way it’s used on MainStroll, for any reason.
MainStroll is committed to following appropriate legal procedures to remove infringing material from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, you can report alleged copyright infringements on MainStroll by submitting a written notification in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information here (link to Copyright Complaint form).
It is MainStroll’s policy to (a) block or remove material that is believes in good faith to by copyrighted material that has been illegally copied and distributed by any of our affiliates, content providers members or users; (b) notify the content provider, member or user that is has removed access to the material; and (c) remove and discontinue access to our Services to repeat offenders.
If you think we made a mistake removing your content, you can file a counter-notice. When we receive a valid counter-notice, we’ll remove the complaint from your account’s record.
All materials displayed or performed on the Services, including but not limited to text, photographs, listings, video, illustrations, information, and User Content, are protected by copyright. You shall not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or exploit any of MainStroll’s Content in whole or in part except as expressly authorized by us.
You agree to indemnify and hold harmless MainStroll and our respective affiliates, officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including without limitation costs and attorneys’ fees and court costs) made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages from you when you use our Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms of Service. To the extent permitted by applicable law, you agree that these damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
MainStroll may amend these Terms of Service at any time by posting a notice on the MainStroll website, or via email notification. You are responsible for reviewing and becoming informed with any amendments to these Terms. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the amended Terms. If you don’t agree to the new terms, please stop using MainStroll.
MAINSTROLL, ITS SERVICES AND ALL CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESSED OR IMPLIED). TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAINSTROLL 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, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. MAINSTROLL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES CONTENT (INCLUDING, WITHOUT LIMITATION, SIZE, QUALITY, COLOR, TEXTURE OR RESULTS OF USE OF SUCH PRODUCTS OR SERVICES) OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY LISTING SEARCH RESULTS, LISTING DESCRIPTIONS, LISTING AVAILABILITY, PRICING INFORMATION, RECOMMENDATIONS, STATEMENTS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE SERVICE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MainStroll reserves the right to modify, terminate, suspend or discontinue any and all Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or ability to generate revenue through the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. MainStroll may terminate, suspend, or restrict your right to access or use this Service for any reason with appropriate notice. To the extent permissible by law, we may terminate, suspend, or restrict your access to the Services immediately and without notice if we have good cause to believe, including any violation to these Terms of Service or other policies.
No waiver of any term of these Terms shall provide rights to waiver or continuing waiver of such term or any other term. MainStroll shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electrical, electronic or communications failure.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in effect and enforceable.
The Terms are governed by the laws of the State of Massachusetts in the United States, without regard to its conflict of laws principles. These laws will apply no matter where in the world you live. If you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and MainStroll agree that we will first try to resolve any Claim informally by giving informal written notice prior to initiating any formal proceeding (including litigation or other legal proceeding). If we need to contact you, we will do so at the email address associated with your Account. If MainStroll has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
You and MainStroll agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under the Consumer Arbitration Rules then in effect for the AAA, unless otherwise required by law. You can find their forms at www.adr.org. The arbitrator is bound by the terms of this Agreement.
You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and MainStroll, and MainStroll waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor MainStroll can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and MainStroll further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void.
These Terms are not assignable, transferable or sublicensable by you, but may be assigned by MainStroll without restriction. MainStroll may transfer or assign this Agreement and its rights and obligations without consent.
The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Service.