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Terms of Service
These Terms of Service reflect the way that Mainstream’s business works, the laws that apply to our company, and certain things that we’ve always believed to be true. As a result, these Terms of Service help define Mainstream’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
What you can expect from us, which describes how we provide and develop our services What we expect from you, which establishes certain rules for using our services
Content in Mainstream services, which describes the intellectual property rights to the content that you find in our services – whether that content belongs to you, Mainstream or others
In case of problems or disagreements, which describes other legal rights that you have, and what to expect in case someone violates these terms.
Understanding these terms is important because, to use our services, you must accept these terms.
If you’re under the age required to manage your own Mainstream Account, you must have your parent or legal guardian’s permission to use a Mainstream Account. Please ask your parent or legal guardian to read these terms with you.
If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.
Some Mainstream services have additional age requirements as described in their service-specific additional terms and policies.
Your relationship with Mainstream
These terms help define the relationship between you and Mainstream. Broadly speaking, we give you permission to use our services if you agree to follow these terms, which reflect how Mainstream’s business works and how we earn money. When we speak of 'Mainstream', 'we', 'us' and 'our', we mean Mainstream Ireland Limited and its affiliates.
Improve Mainstream services
We’re constantly developing new technologies and features to improve our services. For example, we invest in artificial intelligence that uses machine learning to detect and block spam and malware, and to provide you with innovative features like simultaneous translations. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.
We maintain a rigorous product research programme, so before we change or stop offering a service, we carefully consider your interests as a user, your reasonable expectations, and the potential impact on you and others. We only change or stop offering services for valid reasons, such as to improve performance or security, to comply with law, to prevent illegal activities or abuse, to reflect technical developments or because a feature or an entire service is no longer popular enough or economical to offer.
If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice and an opportunity to export your content from your Mainstream Account using Mainstream Takeout, except in urgent situations such as preventing abuse, responding to legal requirements or addressing security and operability issues.
The permission that we give you to use our services continues as long as you meet your responsibilities in: these terms service-specific additional terms, which could, for example, include things like additional age requirements
Although we give you permission to use our services, we retain any intellectual property rights that we have in the services.
Many of our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means that you must follow these basic rules of conduct:
comply with applicable laws, including export control, sanctions and human trafficking laws respect the rights of others, including privacy and intellectual property rights
don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) – for example, by misleading, defrauding, defaming, bullying, harassing or stalking others
don’t abuse, harm, interfere with, or disrupt the services
Our service-specific additional terms and policies provide additional details about appropriate conduct that everyone using those services must follow. If you find that others aren’t following these rules, many of our services allow you to report abuse. If we act on a report of abuse, we also provide a fair process as described in the Taking action in case of problems section.
Permission to use your content
Some of our services are designed to let you upload, submit, store, send, receive or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure that you have the necessary rights to do so and that the content is lawful.
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content that you make, such as reviews that you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.
We need your permission if your intellectual property rights restrict our use of your content. You provide Mainstream with that permission through this licence.
This licence covers your content if that content is protected by intellectual property rights.
What’s not covered
This licence doesn’t affect your data protection rights – it’s only about your intellectual property rights
This licence doesn’t cover these types of content:
publicly available, factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a licence because it’s considered common knowledge that everyone’s free to use.
feedback that you offer, such as suggestions to improve our services. Feedback is covered in the Service-related communications section below.
This licence is:
worldwide, which means that it’s valid anywhere in the world non-exclusive, which means that you can license your content to others royalty-free, which means that there are no fees for this licence
This licence allows Mainstream to:
host, reproduce, distribute, communicate and use your content – for example, to save your content on our systems and make it accessible from anywhere that you go publish, publicly perform or publicly display your content, if you’ve made it visible to others modify your content, such as reformatting or translating it sublicense these rights to: other users to allow the services to work as designed, such as enabling you to share photos with people that you choose
our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below
This licence is for the limited purpose of:
operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyse your content:
for spam, malware and illegal content
to recognise patterns in data, such as determining when to suggest a new album in Mainstream to customise our services for you, such as providing recommendations and personalised search results, content and ads (which you can change or turn off in Ads Settings)
This analysis occurs as the conten is sent, received and when it is stored.
using content that you’ve shared publicly to promote the services. For example, to promote a Mainstream app, we might quote a review that you wrote. Or to promote Mainstream Play, we might show a screenshot of the app that you offer in the Play Store.
This licence lasts for as long as your content is protected by intellectual property rights.
If you remove from our services any content that’s covered by this licence, our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:
If you already shared your content with others before removing it. For example, if you shared a photo with a friend who then made a copy of it, or shared it again, then that photo may continue to appear in your friend’s Mainstream Account even after you remove it from your Mainstream Account.
If you make your content available through other companies' services, it’s possible that search engines, including Mainstream Search, will continue to find and display your content as part of their search results.
Using Mainstream services Your Mainstream Account
If you meet these age requirements you can create a Mainstream Account for your convenience. Some services require that you have a Mainstream Account in order to work – for example, you need a Mainstream Account so that you have a place to send and receive your email.
You’re responsible for what you do with your Mainstream Account, including taking reasonable steps to keep your Mainstream Account secure, and we encourage you to regularly use the Security Check-Up.
Using Mainstream services on behalf of an organisation or business
Many organisations, such as businesses, non-profits and schools, take advantage of our services. To use our services on behalf of an organisation:
an authorised representative of that organisation must agree to these terms
your organisation’s administrator may assign a Mainstream Account to you. That administrator might require you to follow additional rules and may be able to access or disable your Mainstream Account.
If you’re based in the European Union, these terms don’t affect the rights that you may have as a business user of online intermediation services – including online platforms such as Mainstream Play – under the EU Platform-to-Business Regulation.
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
Content in Mainstream services
Some of our services give you the opportunity to make your content publicly available – for example, you might post a product or restaurant review that you wrote, or you might upload a blog post that you created.
See the Permission to use your content section for more about your rights in your content, and how your content is used in our services
See the Removing your content section to learn why and how we might remove user-generated content from our services
If you think that someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we suspend or close the Mainstream
Accounts of repeat copyright infringers as described in our Copyright Help Centre.
Some of our services include content that belongs to Mainstream – for example, many of the visual illustrations that you see in Mainstream Maps. You may use Mainstream’s content as allowed by these terms and any service-specific additional terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure or alter any of our branding, logos or legal notices. If you want to use our branding or logos, please see the Mainstream Brand Permissions page.
Finally, some of our services gives you access to content that belongs to other people or organisations – for example, a store owner’s description of their own business, or a newspaper article displayed in Mainstream News. You may not use this content without that person or organisation’s permission, or as otherwise allowed by law. The views expressed in the content of other people or organisations are their own, and don’t necessarily reflect Mainstream’s views.
Software in Mainstream services
Some of our services include downloadable software. We give you permission to use that software as part of the services.
T he licence we give you is:
worldwide, which means that it's valid anywhere in the world
non-exclusive, which means that we can license the software to others
royalty-free, which means that there are no fees for this licence
personal, which means that it doesn't extend to anyone else
non-assignable, which means that you're not allowed to assign the licence to anyone else
Some of our services include software that’s offered under open-source licence terms that we make available to you. Sometimes there are provisions in the open-source licence that explicitly override parts of these terms, so please make sure that you read those licences.
You may not copy, modify, distribute, sell or lease any part of our services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.
When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.
In case of problems or disagreements
By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don't limit or take away any of those rights. For example, if you're a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law.
We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
The only commitments that we make about our services (including the content in the services, the specific functions of our services or their reliability, availability or ability to meet your needs) are (1) described in the Warranty section, (2) stated in the service-specific additional terms or (3) provided under applicable laws. We don’t make any other commitments about our services.
For all users
These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Mainstream’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence or willful misconduct.
Other than the rights and responsibilities described in this section (in case of problems or disagreements), Mainstream won’t be responsible for any other losses, unless they’re caused by our breach of these terms or service-specific additional terms.
For business users and organisations only
If you’re a business user or organisation, then to the extent allowed by applicable law:
You’ll indemnify Mainstream and its directors, officers, employees and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs and legal fees.
Mainstream won’t be responsible for the following liabilities:
loss of profits, revenues, business opportunities, goodwill or anticipated savings indirect or consequential loss
Mainstream’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach
If you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
Taking action in case of problems
Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
cause harm or liability to a user, third party or Mainstream
violate the law or a legal enforcement authority’s order compromise an investigation
compromise the operation, integrity or security of our services
Removing your content
If we reasonably believe that any of your content (1) breaches these terms, service-specific additional terms or policies, (2) violates applicable law, or (3) could harm our users, third parties or Mainstream, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.
Suspending or terminating your access to Mainstream services
Mainstream reserves the right to suspend or terminate your access to the services or delete your Mainstream Account if any of these things happen:
you materially or repeatedly breach these terms, service-specific additional terms or policies we’re required to do so to comply with a legal requirement or a court order
we reasonably believe that your conduct causes harm or liability to a user, third party or Mainstream – for example, by hacking, phishing, harassing, spamming, misleading others or scraping content that doesn’t belong to you
If you believe that your Mainstream Account has been suspended or terminated in error, you can appeal.
Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.
Handling requests for your data
Settling disputes, governing law and courts
For information about how to contact Mainstream, please visit our contact page.
If you’re a resident of, or an organisation based in the European Economic Area (EEA) or Switzerland, these terms and your relationship with Mainstream under these terms and service-specific additional terms, are governed by the laws of your country of residence, and you can file legal disputes in your localcourts.
If you’re a consumer living in the EEA, you may also file disputes regarding online purchases using the European Commission’s Online Dispute Resolution platform, which we accept if required by law.
About these terms
By law, you have certain rights that can’t be limited by a contract like these Terms of Service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and Mainstream. They don’t create any legal rights for other people or organisations, even if others benefit from that relationship under these terms.
We want to make these terms easy to understand, so we’ve used examples from our services. But not all the services mentioned may be available in your country.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you don’t follow these terms or the service-specific additional terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
We may update these terms and service-specific additional terms (1) to reflect changes in our services or how we do business – for example, when we add new services, features, technologies, pricing or benefits (or remove old ones), (2) for legal, regulatory or security reasons or (3) to prevent abuse or harm.
If we materially change these terms or service-specific additional terms, we'll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don't agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Mainstream Account.
An entity that belongs to the Mainstream group of companies, which means Mainstream LLC and its subsidiaries, including the following companies that provide consumer services in the EU: Mainstream Ireland Limited, Mainstream Commerce Ltd and Mainstream Dialer Inc.
An individual or entity who is not a consumer (see consumer).
An individual who uses Mainstream services for personal, non-commercial purposes outside of their trade, business, craft or profession. This includes 'consumers' as defined in article 2.1 of the EU Consumer Rights Directive. (See business user)
A legal right that allows the creator of an original work (such as a blog post, photo or video) to decide if and how that original work may be used by others.
A statement that limits someone’s legal responsibilities.
EU Platform-to-Business Regulation
The Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services.
indemnify or indemnity
An individual or organisation’s contractual obligation to compensate the losses suffered by another individual or organisation from legal proceedings such as lawsuits.
intellectual property rights (IP rights)
Rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (copyright); designs (design rights), and symbols, names and images used in commerce (trademarks). IP rights may belong to you, another individual or an organisation.
Losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence) or other reason, and whether or not those losses could have been reasonably anticipated or foreseen.
A legal entity (such as a corporation, non-profit or school) and not an individual person.
Mainstream services that are subject to these terms are the products and services listed at this including:
Mainstream apps and sites (like Search and Maps)
platforms (like Mainstream Play)
integrated services (such as Maps embedded in other companies' apps or sites) devices (like Mainstream Home)
Symbols, names and images used in commerce that are capable of distinguishing the goods or services of one individual or organisation from those of another.
An assurance that a product or service will perform to a certain standard.
Terms of Service for European Users
Please read these Terms of Service for European Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Mainstream Platform, you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all claims brought against Mainstream in the United States. It affects how disputes with Mainstream are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
You can access the European Commission’s online dispute resolution platform here: . Please note that Mainstream is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
Last Updated: January 21, 2019 Thank you for using Mainstream!
These Terms constitute a legally binding agreement (" Agreement ") between you and Mainstream (as defined below) governing your access to and use of the Mainstream website, including any subdomains thereof, and any other websites through which Mainstream makes its services available (collectively, " Site "), our mobile, tablet and other smart device applications, and application program interfaces (collectively, " Application ") and all associated services (collectively, " Mainstream Services "). The Site, Application and Mainstream Services together are hereinafter collectively referred to as the “ Mainstream Platform ”. Our Webcam Guarantee Terms , Guest Refund Policy , Nondiscrimination Policy and other Policies applicable to your use of the Mainstream Platform are incorporated by reference into this Agreement.
When these Terms mention “ Mainstream ,” “ we ,” “ us ,” or “ our ,” it refers to Mainstream Ireland UC (“ Mainstream Ireland ”), The Watermarque Building, South Lotts Road, Ringsend, Dublin 4, Ireland. .
If you change your country of residence or establishment to a country outside of the EEA, the Mainstream company you contract with and the applicable Terms of Service will be determined by your new country of residence or establishment as specified in the Terms of Service for Non-European Users, from the date on which your country of residence or establishment changes.
Any and all payment processing services through or in connection with your use of the Mainstream Platform (" Payment Services ") are provided to you by one or more Mainstream Payments entities (individually and collectively, as appropriate, " Mainstream Payments ") as set out in the Payments Terms of Service (" Payments Terms ").
Webcams alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Webcam Services (as defined below). For example, some cities have laws that restrict their ability to Webcam paying guests for short periods or provide certain Webcam Services. In many cities, Webcams may have to register, get a permit or obtain a license before providing certain Webcam Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Webcam are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Webcam Services they offer. Certain types of Webcam Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Webcam Service(s) on Mainstream, you should always seek legal guidance.
Table of Contents
Scope of Mainstream Services
Eligibility, Using the Mainstream Platform, Member Verification
Modification of these Terms
Terms specific for Webcams
Terms specific for Guests
Booking Modifications, Cancellations and Refunds, Resolution Center
Ratings and Reviews
Damage to Accommodations, Disputes between Members
Rounding off, Currency conversion
Term and Termination, Suspension and other Measures
Applicable Law and Jurisdiction
1. Scope of Mainstream Services
1.1 The Mainstream Platform is an online marketplace that enables registered users (“ Members ”) and certain third parties who offer services (Members and third parties who offer services are “ Webcams ” and the services they offer are “ Webcam Services ”) to publish such Webcam Services on the Mainstream Platform (“ Listings ”) and to communicate and transact directly with Members that are seeking to book such Webcam Services (Members using Webcam Services are “ Guests ”). Webcam Services may include the offering of vacation or other properties for use (" Accommodations "), single or multi-day activities in various categories (“ Experiences ”), access to unique events and locations (“ Events ”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Mainstream Platform, Mainstream does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Webcam Services, nor is Mainstream an organiser or retailer of travel packages under Directive (EU) 2015/2302. Webcams alone are responsible for their Listings and Webcam Services. When Members make or accept a booking, they are entering into a contract directly with each other. Mainstream is not and does not become a party to or other participant in any contractual relationship between Members, nor is Mainstream a real estate broker or insurer. Mainstream is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms .
1.3 While we may help facilitate the resolution of disputes, Mainstream has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Webcam Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Mainstream does not endorse any Member, Listing or Webcam Services. Any references to a Member being " verified " (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Mainstream about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Webcam Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Mainstream of any Webcam or Listing.
1.4 If you choose to use the Mainstream Platform as a Webcam or Co-Webcam (as defined below), your relationship with Mainstream is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Mainstream for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Mainstream. Mainstream does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Webcam Services. You acknowledge that you have complete discretion whether to list Webcam Services or otherwise engage in other business or employment activities.
1.5 To promote the Mainstream Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5. To assist Members who speak different languages, Mainstream may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are
free to use these tools at their own discretion. Mainstream cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.6 The Mainstream Platform may contain links to third-party websites or resources (“ Third-Party Services ”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Mainstream is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Mainstream of such Third-Party Services.
1.7 Mainstream is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Mainstream Platform. Mainstream may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Mainstream Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Mainstream Platform. Section 17 (Liability) remains unaffected. Mainstream may improve, enhance and modify the Mainstream Platform and introduce new Mainstream Services from time to time. Mainstream will provide notice to Members of any changes to the Mainstream Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
2. Eligibility, Using the Mainstream Platform, Member Verification
2.1 In order to access and use the Mainstream Platform or register an Mainstream Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Webcam Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Mainstream may make access to and use of the Mainstream Platform, or certain areas or features of the Mainstream Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of
criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Mainstream Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the Mainstream Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Mainstream Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement . Some areas of the Mainstream Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service .
3. Modification of these Terms
Mainstream reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Mainstream Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Mainstream Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (" Mainstream Account ") to access and use certain features of the Mainstream Platform, such as publishing or booking a Listing. If you are registering an Mainstream Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Mainstream Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (" SNS Account "). You have the ability to disable the connection between your Mainstream Account and your SNS Account at any time, by accessing the "Settings" section of the Mainstream Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Mainstream Account and public Mainstream Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Mainstream Account unless Mainstream authorizes you to do so. You may not assign or otherwise transfer your Mainstream Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Mainstream Account credentials and may not disclose your credentials to any third party. You must immediately notify
Mainstream if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Mainstream Account. You are liable for any and all activities conducted through your Mainstream Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Mainstream may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Mainstream Account. For example, we may enable Members to link their Mainstream Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Webcams to add other Members as Co-Webcams (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Mainstream to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Mainstream may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Mainstream Platform (" Member Content "); and (ii) access and view Member Content and any content that Mainstream itself makes available on or through the Mainstream Platform, including proprietary Mainstream content and any content licensed or authorized for use by or through Mainstream from a third party (" Mainstream Content " and together with Member Content, " Collective Content ").
5.2 The Mainstream Platform, Mainstream Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Mainstream Platform and Mainstream Content, including all associated intellectual property rights, are the exclusive property of Mainstream and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Mainstream Platform, Mainstream Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Mainstream used on or in connection with the Mainstream Platform and Mainstream Content are trademarks or registered trademarks of Mainstream in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Mainstream Platform, Mainstream Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Mainstream Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mainstream or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Mainstream grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Mainstream Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Mainstream may offer Webcams the option of having professional photographers take photographs of their Webcam Services, which are made available by the photographer to Webcams to include in their Listings with or without a watermark or tag bearing the words "Mainstream.com Verified Photo" or similar wording (" Verified Images "). You are responsible for ensuring that your Webcam Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Mainstream Platform if they no longer accurately represent your Listing, if you stop Webcaming the Webcam Service featured, or if your Mainstream Account is terminated or suspended for any reason. You acknowledge and agree that Mainstream shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. Where Mainstream is not the exclusive owner of Verified Images, by using such Verified Images on or through the Mainstream Platform, you grant to Mainstream an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing or publicity purposes in any media or platform. Mainstream in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Mainstream Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Mainstream Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Mainstream Platform or you have all rights, licenses, consents and releases that are necessary to grant to Mainstream the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Mainstream's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Mainstream’s Content Policy or any other Mainstream policy. Mainstream may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Mainstream’s then-current Policies or Standards , or otherwise may be harmful or objectionable to Mainstream, its Members, third parties, or property. Where Mainstream removes or disables Member Content, Mainstream will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service .
5.9 Mainstream respects copyright law and expects its Members to do the same. If you believe that any content on the Mainstream Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy .
6. Service Fees
6.1 Mainstream may charge fees to Webcams (" Webcam Fees ") and/or Guests (" Guest Fees ") (collectively, " Service Fees ") in consideration for the use of the Mainstream Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page .
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Webcam or Guest prior to publishing or booking a Listing. Mainstream reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Mainstream. The applicable Service Fees (including any applicable Taxes) are collected by Mainstream Payments. Mainstream Payments will deduct any Webcam Fees from the Listing Fee before remitting the payout to the Webcam. Any Guest Fees are included in the Total Fees collected by Mainstream Payments. Except as otherwise provided on the Mainstream Platform, Service Fees are non-refundable.
7. Terms specific for Webcams
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Mainstream Platform you must (i) provide complete and accurate information about your Webcam Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii)
provide any other pertinent information requested by Mainstream. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“ Listing Fee ”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Mainstream may enable certain Webcams to participate in its “ Open Homes Program .” The Open Homes Program enables Webcams to provide Listings to certain Guests, such as refugees or evacuees, for free. You acknowledge that if you choose to participate in the Open Homes Program, your ability to restrict your Listing to certain Guests, such as Guests with previous positive Reviews, may be limited.
7.1.5 Pictures, animations or videos (collectively, " Images ") used in your Listings must accurately reflect the quality and condition of your Webcam Services. Mainstream reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the Mainstream Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Webcam requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Webcam Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center .
7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Webcam Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Webcam Fee and any applicable Taxes.
7.1.8 Mainstream recommends that Webcams obtain appropriate insurance for their Webcam Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Webcam Service.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by Mainstream, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (" Security Deposit "). Webcams are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Mainstream Platform.
7.2.3 Any Listing you post and the booking of, or a Guest's stay at, an Accommodation shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
7.3 Listing Experiences, Events and other Webcam Services
Webcams who list Experiences, Events and Webcam Services other than Accommodations agree to and are subject to the Additional Terms for Experience Webcams .
7.4.1 Mainstream may enable Webcams to authorize other Members (“ Co-Webcams ”) to administer the Webcam’s Listing(s), and to bind the Webcam and take certain actions in relation to the Listing(s) as permitted by the Webcam, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “ Co-Webcam Services ”). Any agreement formed between Webcam and Co-Webcam may not conflict with these Terms, the Payments Terms , or any other Policies applicable to your Webcam Service(s). Co-Webcams may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Mainstream. Mainstream reserves the right, in our sole discretion, to limit the number of Co-Webcams a Webcam may invite for each Listing and to limit the number of Listings a Co-Webcam may manage.
7.4.2 Webcams should exercise due diligence and care when deciding who to add as a Co-Webcam to their Listing(s). Webcams are responsible and liable for any and all Listings and Member Content published on the Mainstream Platform created by a Co-Webcam on their behalf. Further, Webcams remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Webcam(s). Co-Webcams remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Webcam, including, but not limited to, conduct that causes harm or damage to the Webcam. In addition, both Webcam and Co-Webcam are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to Webcaming activities, communications with Guests, and the provision of any Co-Webcam Services.
7.4.3 Unless agreed otherwise by Webcam and Co-Webcam, Webcam and Co-Webcam may terminate the Co-Webcam agreement at any time. In addition, both Webcam and Co-Webcam acknowledge that their Co-Webcaming relationship will terminate in the event that Mainstream (i) terminates the Co-Webcam service or (ii) terminates either party’s participation in the Co-Webcam service. When the Co-Webcam agreement is terminated, the Webcam will remain responsible for all of the Co-Webcam’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination, except in the event of gross misconduct or malicious behavior of the Co-Webcam. When a Member is removed as a
Co-Webcam, that Member will no longer have access to any Webcam or Guest information related to the applicable Webcam’s Listing(s).
7.4.4 As a Co-Webcam, you will not be reviewed by Guests, meaning that your Co-Webcam activities will not affect your Reviews or Ratings for other Listings for which you are a Webcam. Instead, the Webcam of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Webcam’s conduct and performance). Webcams acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Webcam’s conduct and performance.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Mainstream and/or the Webcam, you can book a Listing available on the Mainstream Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “ Total Fees ”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Mainstream Account.
8.1.2 Upon receipt of a booking confirmation from Mainstream, a legally binding agreement is formed between you and your Webcam, subject to any additional terms and conditions of the Webcam that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Mainstream Payments will collect the Total Fees at the time of the booking request or upon the Webcam’s confirmation pursuant to the Payments Terms . For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Webcam Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Webcam, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Webcam. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Webcam Service if accompanied by an adult who is responsible for them.
8.1.4 Mainstream may enable a Guest who is booking a Listing on behalf of one or more additional guests (the “ Organizer ”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional guest (each a “ Co-Payer ”) (the “ Group Payment Service ”). In order to participate in the Group Payment Service, each Co-Payer must have or register an Mainstream Account prior to making a payment. All payments via the Group Payment Service are handled by Mainstream Payments and are subject to the Group Payment Terms of Service .
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“ Accommodation Booking ”) is a limited license granted to you by the Webcam to enter, occupy and use the Accommodation for the
duration of your stay, during which time the Webcam (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Webcam.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Webcam specifies in the Listing or such other time as mutually agreed upon between you and the Webcam. If you stay past the agreed upon checkout time without the Webcam's consent (“ Overstay ”), you no longer have a license to stay in the Accommodation and the Webcam is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Webcam, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Webcam, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Webcam to make you leave (collectively, " Overstay Fees "). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Webcam as a result of such Overstay. If you Overstay at an Accommodation, you authorize Mainstream (via Mainstream Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Webcam, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other Webcam Services
8.3.1 You should carefully review the description of any Experience, Event or other Webcam Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Webcam has specified in their Listing. At your sole discretion you may want to inform the Webcam of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Webcam Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Webcam Service, may also apply.
8.3.2 Before and during an Experience, Event or other Webcam Service you must at all times adhere to the Webcams’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Webcam Service unless such an individual was added by you as an additional guest during the booking process on the Mainstream Platform.
8.4 Mainstream Travel Credits
Mainstream Travel Credits may be redeemed for eligible bookings via the Mainstream Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Mainstream Travel Credits after the Mainstream Travel Credits are reflected in your Mainstream Account.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Webcams and Guests are responsible for any modifications to a booking that they make via the Mainstream Platform or direct Mainstream customer service to make (" Booking Modifications "), and agree to
pay any additional Listing Fees, Webcam Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Webcam, and Mainstream Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Webcam under the applicable cancellation policy will be remitted to the Webcam by Mainstream Payments pursuant to the Payments Terms .
9.3 If a Webcam cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Mainstream may allow the Guest to apply the refund to a new booking, in which case Mainstream Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, Mainstream may publish an automated review on the Listing cancelled by the Webcam indicating that a booking was cancelled. In addition, Mainstream may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Webcam has a valid reason for cancelling the booking pursuant to Mainstream’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Webcam Services, if weather poses a safety risk to Guests, or if it prevents a Webcam from carrying out a Webcam Service that takes place primarily outdoors, Webcams may cancel the Webcam Service. Webcams may also cancel the Webcam Service if other conditions exist that would prevent the Webcam from offering the Webcam Service safely.
9.5 In certain circumstances, Mainstream may cancel a pending or confirmed booking on behalf of a Webcam or Guest and initiate corresponding refunds and payouts. This may be for reasons set forth in Mainstream's Extenuating Circumstances Policy or for the reasons set out in Section 15 of these Terms. Where Mainstream cancels a booking, Mainstream will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service .
9.6 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy , Mainstream may determine to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books an Experience, Event or other Webcam Service suffers a Travel Issue as defined in the Experiences Guest Refund Policy , Mainstream may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Experiences Guest Refund Policy.
9.7 If a Guest or Mainstream cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy , Experiences Guest Refund Policy , Extenuating Circumstances Policy , or the applicable cancellation policy set by the Webcam and mentioned in the Listing, after the Webcam has already been paid, Mainstream Payments will be entitled to recover the amount of any such refund from the Webcam, including by subtracting such refund amount out from any future Payouts due to the Webcam.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Webcam Services, Co-Webcam Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Mainstream Account, and Mainstream Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Webcams can leave a public review (“ Review ”) and submit a star rating (“ Rating ”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Mainstream. Ratings and Reviews are not verified by Mainstream for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Webcams must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Mainstream’s Content Policy and Extortion Policy .
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Mainstream Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Accommodations, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Webcam (and the individuals the Webcam invites to the Accommodation, if applicable).
11.2 If a Webcam claims and provides evidence that you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation (" Damage Claim "), the Webcam can seek payment from you through the Resolution Center. If a Webcam escalates a Damage Claim to Mainstream, you will be given an opportunity to respond. If you agree to pay the Webcam, or Mainstream determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, Mainstream via Mainstream Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms . Mainstream also reserves the right to otherwise collect payment from you and pursue any remedies available to Mainstream in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Webcams under the Mainstream Webcam Guarantee . You may appeal a decision taken by Mainstream on the basis of this Section 11.2 by contacting customer support . Any decisions
made by Mainstream in relation to a Damage Claim do not affect your contractual or statutory rights. Your right to take legal action before a court of law remains unaffected.
11.3 Members agree to cooperate with and assist Mainstream in good faith, and to provide Mainstream with such information and take such actions as may be reasonably requested by Mainstream, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Mainstream Webcam Guarantee), (ii) Experiences, (iii) Co-Webcam agreements, or (iv) a Group Payment Booking. A Member shall, upon Mainstream's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Mainstream or a third party selected by Mainstream or its insurer, with respect to losses for which a Member is requesting payment from Mainstream (including but not limited to payments under the Mainstream Webcam Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.
12. Rounding off
Mainstream generally supports payment amounts that are payable from or to Guests or Webcams to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Mainstream’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Mainstream may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Webcams to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Mainstream may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Webcam you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (" Taxes ").
13.2 Tax regulations may require us to collect appropriate Tax information from Webcams, or to withhold Taxes from payouts to Webcams, or both. If a Webcam fails to provide us with the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (" Tax Authority ") where your Accommodation is located may require Taxes to be collected from Guests or Webcams on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Webcams, a set amount per day, or other variations, and are sometimes called
"transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" (" Occupancy Taxes ").
13.4 In certain jurisdictions, Mainstream may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Webcams, in accordance with these Terms (" Collection and Remittance ") if such jurisdiction asserts Mainstream or Webcams have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Mainstream (via Mainstream Payments) to collect Occupancy Taxes from Guests on the Webcam's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Mainstream may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Webcams, based on tax information supplied by the Webcam, for ultimate reporting and remittance by such Webcam to the Tax Authority (“ Pass-Through Tax Feature ”). Such Webcams using the Pass-Through Tax Feature will be solely responsible for informing Mainstream about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Mainstream does not assume any liability for the failure of a participating Webcam to comply with any applicable tax reporting or remittance obligations.The amount of Occupancy Taxes, if any, collected and remitted by Mainstream will be visible to and separately stated to both Guests and Webcams on their respective transaction documents. Where Mainstream is facilitating Collection and Remittance, Webcams are not permitted to collect any Occupancy Taxes being collected by Mainstream relating to their Accommodations in that jurisdiction.
13.5 Guests and Webcams agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Mainstream from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Mainstream reserves the right, with prior notice to Webcams, to cease the Collection and Remittance in any jurisdiction for any reason at which point Webcams and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Mainstream Platform. In connection with your use of the Mainstream Platform, you will not and will not assist or enable others to:
● breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards ;
● use the Mainstream Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Mainstream endorsement, partnership or otherwise misleads others as to your affiliation with Mainstream;
● use the Mainstream Platform in connection with the distribution of unsolicited commercial messages ("spam");
● offer, as a Webcam, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Mainstream Platform;
● unless Mainstream explicitly permits otherwise, book any Listing if you will not actually be using the Webcam Services yourself;
● contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the Mainstream Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
● use the Mainstream Platform to request, make or accept a booking independent of the Mainstream Platform, to circumvent any Service Fees or for any other reason;
● request, accept or make any payment for Listing Fees outside of the Mainstream Platform or Mainstream Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold Mainstream harmless from any liability for such payment;
● discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
● misuse or abuse any Listings or services associated with the Mainstream Open Homes program;
● use, display, mirror or frame the Mainstream Platform or Collective Content, or any individual
element within the Mainstream Platform, Mainstream's name, any Mainstream trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Mainstream Platform, without Mainstream's express written consent;
● dilute, tarnish or otherwise harm the Mainstream brand in any way, including through unauthorized use of Collective Content, registering and/or using Mainstream or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Mainstream domains, trademarks, taglines, promotional campaigns or Collective Content;
● use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Mainstream Platform for any purpose;
● avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Mainstream or any of Mainstream's providers or any other third party to protect the Mainstream Platform;
● attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Mainstream Platform;
● take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Mainstream Platform;
● export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
● violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Mainstream has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Mainstream Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Mainstream in good faith, and to provide Mainstream with such information and take such actions as may be reasonably requested by Mainstream with respect to any investigation undertaken by Mainstream or a representative of Mainstream regarding the use or abuse of the Mainstream Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Mainstream by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective until such time when you or Mainstream terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Mainstream Account as a Webcam, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Mainstream Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Mainstream may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Mainstream may immediately, without notice, terminate this Agreement and/or stop providing access to the Mainstream Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms , our Policies or Standards , (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Mainstream, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Mainstream may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms , our Policies or Standards , applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent,
outdated or incomplete information during the Mainstream Account registration, Listing process or thereafter, (iv) you and/or your Listings or Webcam Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Mainstream otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Mainstream, its Members, or third parties, or to prevent fraud or other illegal activity:
● refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
● cancel any pending or confirmed bookings;
● limit your access to or use of the Mainstream Platform;
● temporarily or permanently revoke any special status associated with your Mainstream Account;
● temporarily or in case of severe or repeated offenses permanently suspend your Mainstream
Account and stop providing access to the Mainstream Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Mainstream and an opportunity to resolve the issue to Mainstream's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Mainstream Account or any of your Member Content. If your access to or use of the Mainstream Platform has been limited or your Mainstream Account has been suspended or this Agreement has been terminated by us, you may not register a new Mainstream Account or access and use the Mainstream Platform through an Mainstream Account of another Member.
15.8 If Mainstream takes any of the measures described in this Section 15 you may appeal such a decision by contacting our customer service .
16. Disclaimers Intentionally left blank
Mainstream is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Mainstream is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of
Mainstream in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Mainstream is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Mainstream’s option), indemnify, and hold Mainstream and its affiliates and subsidiaries, including but not limited to, Mainstream Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Mainstream Platform or any Mainstream Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Webcam Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 18 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against Mainstream in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Mainstream is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Mainstream’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“ AAA ”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
● Claims can be filed with AAA online ( );
● Arbitrators must be neutral and no party may unilaterally select an arbitrator;
● Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with
● Parties retain the right to seek relief in small claims court for certain claims, at their option;
● The initial filing fee for the consumer is capped at $200;
● The consumer gets to elect the hearing location and can elect to participate live, by phone,
video conference, or, for claims under $25,000, by the submission of documents;
● The arbitrator can grant any remedy that the parties could have received in court to resolve
the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Mainstream each agree to notify the other party of the dispute and attempt to negotiate an informal
resolution to it first. We will contact you at the email address you have provided to us; you can contact Mainstream’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at ) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate . You and Mainstream mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Mainstream Platform, the Webcam Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Mainstream agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement . You and Mainstream each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “ AAA Rules “) then in effect, except as modified here. The AAA Rules are available at or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location . In order to make the arbitration most convenient to you, Mainstream agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Mainstream both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney’s Fees and Costs . You and Mainstream agree that Mainstream will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Mainstream agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision . The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief
only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Mainstream acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings . You and Mainstream acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Mainstream both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Mainstream agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes . Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Mainstream changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Mainstream’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Mainstream (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Mainstream.
19.14 Survival. Except as provided in Section 19.12, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Mainstream Platform or terminate your Mainstream Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Mainstream Platform (“ Feedback “). You may submit Feedback by emailing us, through the “Contact” section of the Mainstream Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback
to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Mainstream's place of business in Ireland. If Mainstream wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Mainstream and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Mainstream and you in relation to the access to and use of the Mainstream Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Mainstream as a result of this Agreement or your use of the Mainstream Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Mainstream’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Mainstream's prior written consent. Mainstream may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Mainstream via email, Mainstream Platform notification, or messaging service (including SMS and WeChat). If your booking is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic
means in lieu of a written statement, satisfies Mainstream’s obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.
22.8 If you have any questions about these Terms please email us .