MainStream Media Ent., Inc. | Privacy Policy & Terms of Use
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Privacy Policy & Terms of Use

By using this site, you agree to the Privacy Policy and Terms of Use.
Updated October 15th 2016
MainStream Media Ent., Inc. Privacy Policy
Thank you for visiting MainStream Media Ent., Inc.. MainStream Media Ent., Inc. (collectively “we” or “us”). Your
privacy is important to us. To help protect your privacy, we provide this notice explaining our
online information practices and the choices you can make about the collection and use of the
personally identifiable information collected on our online and mobile websites, services, and
applications (“Site” or “Sites”). By using the Sites, you expressly consent to our collection, use,
disclosure, and retention of your personal information as described in this notice.
For certain offerings on our Sites, there may be additional notices about information practices
and choices. Please read those additional privacy disclosures to understand how they apply to
you.
THE INFORMATION WE COLLECT
Registration and account information. At some Sites, you can order products, play games, read
and submit reviews, enter contests, vote in polls, view and rate videos, TV shows and other
content, or otherwise express an opinion, subscribe to one of our services such as our online
newsletters, or participate in one of our online forums or communities. The types of personally
identifiable information that you provide as part of your account may include: name, address, email
address, telephone number, fax number, credit card and billing information, information
about your interest in and use of various content, products, programs, and services, and other
information that you provide to us. In the course of using our Sites, we may ask you to create
an account or register for an application by providing us with certain personally identifiable
information that can be used to contact or identify you, as well as to administer your account.
Information about others/inviting friends. At some of our Sites, you can submit information about
other people. For example, you might submit a person’s name and e-mail address to share
content or recommendations, send an electronic greeting card and, if you order a gift online and
want it sent directly to the recipient, you might submit the recipient’s name and address. The
types of personally identifiable information that may be collected about other people as part of
this process include recipient’s name, address, e-mail address, telephone number, and
information about the recipient’s interest in and use of various content, products, programs, and
services.
Some of our Sites also allow you to invite your friends to join our services and to connect with
you through social media features. Inviting friends is always optional. To do so, you may provide
their contact information or may enter your log-in credentials to import e-mail addresses or
usernames from your address book from other sites that support such functionality (e.g.,
Yahoo!, Gmail, Facebook). You select the friends you want to invite to share in this experience.
Information from other sources. We may, on occasion, combine information we receive online
with outside records and use such information in accordance with this Privacy Policy, such as to
enhance our ability to market to you products or services that may be of interest to you.
Social media. You can also engage with our content and other offerings, such as videos,
contests, games and activities, on or through third-party social media sites, plug-ins and
applications, such as those offered by Facebook and others. You may also choose to link your
account with us to third party social media sites. When you link your account or engage with our
content on or through third party social media sites, services, plug-ins, or applications you may
allow us to have ongoing access to certain information from your social media account (e.g.,
name, e-mail address, profile photo, gender, birthday, location, your list of friends and their
contact information, people you follow and/or who follow you, the posts or the ‘likes’ you make).
We may also receive non-personally identifiable information (e.g., content viewed, game
performance, high scores, and information about advertisements within the content you have
been shown or may have clicked on, etc.) from your interaction with our content.
When you provide information to a Site from your social media account, it can help enable us to
do things like (i) give you exclusive content, (ii) personalize your online experience with us
within and outside our Sites, and (iii) contact you through the social media sites or directly with
the latest news, special offerings, and rewards. By providing such information, you consent to
the use of the information in accordance with this Privacy Policy.
If you post information or content, such as by posting photos, commenting on a blog, or
participating in chat functions or online forums or communities at our Sites, or when you interact
with our Sites through social media sites, plug-ins or other applications, depending on your
privacy settings, this information may become public on the Internet. Therefore, we cannot
prevent further use of this information. You can control what data you share through privacy
settings available on some social media sites. For more information about how you can
customize your privacy settings and how third party social media sites handle your personally
identifiable information, please refer to their privacy help guides, privacy policies and terms of
use.
Information collection from mobile devices. If you access our Sites, on your mobile telephone or
other mobile device, we also may collect your unique device identifier and mobile device IP
address (e.g. MAC address), as well as information about your device’s operating system,
mobile carrier, and mobile Internet browsers, your precise location information, and other
information described in this Policy.
Technical and usage information. We also collect certain non-personally identifiable information
when you use our Sites, including when you view content and videos on our Sites, such as the
type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you
are using (e.g., Windows, Mac OS, iOS, and Android), the domain name of your Internet service
provider or mobile carrier, IP address, device ID and other technical attributes related to your
device, and certain usage information. For example, some content on our Sites is limited to
users in the United States and the US territories. Your device IP address is tested by the Site so
that MainStream Media Ent., Inc. can determine whether you are located in the United States or the US
territories.
Providing requested information. In some cases, only persons who provide us with the
requested information will be able to order products, programs, and services, or otherwise
participate in the Site’s activities and offerings.
HOW WE USE THE INFORMATION
Providing our products and services. We use the information we collect about you to fulfill your
requests for our products, programs, and services, to respond to your inquiries about our
offerings, to develop, provide, maintain, support, personalize, protect, and improve our offerings
and to offer you other products, programs or services from us and our affiliates, business
partners, and selected third parties that we believe may be of interest to you.
The information we collect in connection with our online forums and communities is used to
provide an interactive experience. We use this information to facilitate participation in these
online forums and communities and, from time to time, to offer you products, programs, or
services.
If you choose to submit content for publication, we may publish your screen name and other
information you have provided to us on our Sites, the Internet, or elsewhere.
Communicating with you. We use information about you to communicate with you, such as to
notify you when you have won one of our contests or when we make changes to our user
agreements, to fulfill a request by you for an online newsletter or other service, to confirm
purchases you have made through our Sites, or to contact you about your account with us. You
may also choose to receive push notifications from us on your mobile device.
We use the information that you provide about others to enable us to send them invitations,
gifts, cards, or other content on your behalf or through our Sites. From time to time, we also may
use this information to offer products, programs, or services to them.
With consent. We may also use your information for any other purposes pursuant to your
consent or at your direction.
Use of mobile device data. When you access our Sites on a mobile device, we may use the
information collected for any of the purposes set forth in this Privacy Policy. For example, we
use information collected on mobile devices to enable you to do things like (i) watch trailers and
video clips, (ii) get entertainment news and updates, (iii) get information about comics, movies,
TV shows, (iv) to locate and access personalized information or functionality based on your
location (e.g., find comic stores or show times for theaters near you, tag photographs, or check
in to a certain venue), (v) buy movie tickets, (vi) play games, (vii) follow blogs, and (viii) read
critic and user reviews. We may also use this information to offer you products, programs and
services we believe may be of interest to you and otherwise tailor your experience.
Use of non-personally identifiable information. We use aggregate information about our users
and non-personally identifiable information that we collect to improve the design, functionality
and content of our Sites and to enable us to personalize your experience with our Sites and
offerings. We also use this information to (i) develop, provide, maintain, support, personalize,
protect, and improve our products, programs, and services and to operate our business, (ii) to
analyze usage and performance of our Sites, and (iii) for us and our affiliates, business
partners, and selected third parties to communicate with you, advertise to you and offer you
products, programs, or services.
INFORMATION SHARING AND DISCLOSURE
Legal Process, Law Enforcement, and Corporate Transactions. We and our agents, contractors,
and service providers may disclose information we maintain when required to do so by
applicable US or other law, for example, in response to a court order, subpoena, legal process,
or other claim or inquiry. We also may disclose such information in response to a US or other
law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or
take action regarding illegal activities, suspected fraud, situations involving potential threats to
the rights, property, or physical safety of any person, violations of our terms of use, and to verify
or enforce compliance with the policies governing our Sites and applicable laws, or as otherwise
required or permitted by US or other law or legal requirements. In addition, we may transfer
information about our visitors in the event of a business transaction or reorganization, such as if
we or one of our business units or our relevant assets are reorganized, acquired by, sold to, or
merged with another company.
Service providers. Our agents, contractors and other service providers may have access
information, including personally identifiable information to help carry out the services they are
performing for us.
Affiliates and other third parties. We may disclose information, including personally identifiable
information about you to companies whose practices are not covered by this Privacy Policy. For
example, we may share such information we collect with our affiliates to provide, improve and
communicate with you about their own products and services. A list of affiliates of MainStream
Media Ent., Inc. is available in the MainStream Media Ent., Inc.. AFFILIATES section below. A list of
affiliates of MainStream Media Ent., Inc. www.mainstreammediaent.com.
We may also share such information with business partners and third parties (e.g., other
marketers, magazine publishers, retailers, application developers, participatory databases and
non-profit organizations) that want to market products or services to you. If we share personally
identifiable information with such unaffiliated third parties for their own marketing purposes, we
will provide you with an opportunity to opt out or block such uses.
Linked sites. Some of our Sites contain links to other sites, services, and applications whose
information practices may be different from ours. Visitors should consult the other sites’ privacy
policies before submitting any information, as we have no control over information that is
submitted to, or collected by, these third parties.
Sponsors, joint-offerings and co-promotions. We sometimes may offer content or programs
(e.g., contests, sweepstakes, promotions, games, applications or social network integrations)
that are sponsored by or co-branded with identified third parties. By virtue of these relationships,
the third parties may obtain personally identifiable information that visitors voluntarily submit to
participate in the activity. We have no control over these third parties’ use of this information,
which is covered by their own privacy policies. The Site will notify you at the time of requesting
personally identifiable information if these third parties will obtain such information.
Advertising. At some of our Sites, reputable third parties may present or serve advertisements,
provide us with data collection, reporting, ad response measurement, and site analytics, and
assist with delivery of relevant marketing messages and advertisements. These third parties
may view, edit, or set their own cookies. The use of these technologies by these third parties is
subject to their own privacy policies and is not covered by this Privacy Policy. They may also
obtain information about other applications that you have downloaded to your computer or
mobile device, the sites you visit, and other information about you or your computer or device in
order to help analyze and serve anonymous targeted advertising on the Site and elsewhere. For
more information about third party ad networks at our Sites and your ability to opt-out of
targeted advertising from such third parties, please visit the Network Advertising Initiative
(www.networkadvertising.org) and/or the Self-Regulatory Program for Online Behavioral
Advertising (www.aboutads.info/choices). Please note that opting-out through these programs
will stop certain targeted advertising, but will still allow the collection of usage data for some
purposes, including research, analytics and internal operations.
With consent. We may also share or disclose your information for any other purposes pursuant
to your consent or at your direction.
YOUR CHOICES
Marketing communications. We provide you with an opportunity to express your preferences
with respect to receiving certain marketing communications from us or from unaffiliated third
parties. If you ever decide in the future that you would like to update these preferences, you
may: (i) log into your account if you have created an account with us at one of our Sites to
adjust your settings, (iii) follow the “unsubscribe” instructions provided in any marketing email
you receive from us, (iii) send us an email at info@mainstreammediaent.com and we will modify your
preferences accordingly, or (iv) opt-out of targeted advertising as set forth in the Advertising
section above. If you previously chose to receive push notifications on your mobile device from
us but no longer wish to receive them, you can manage your preferences either through your
device or app settings, depending on the type of device.
Uninstalling a mobile application. If you no longer wish to have any information collected by a
mobile application, you may uninstall the application by using the standard uninstall processes
available on your mobile device or via the mobile application marketplace or network.
Illinois RESIDENTS – YOUR Illinois PRIVACY RIGHTS
If you are a Illinois resident, you may request information about our practices related to
disclosing your personal information to certain third parties and/or opt-out of our sharing of your
information with unaffiliated third parties for the third parties’ direct marketing purposes. Please
send your request (along with your full name, e-mail address, postal address, and the subject
line labeled “Your Illinois Privacy Rights”) by e-mail at info@mainstreammediaent.com.
COOKIES AND OTHER TECHNICAL INFORMATION
Cookies and web beacons. We, and our affiliates, third party service providers, and our
business partners may send “cookies” to your computer or use similar technologies to support
and enhance your online experience at our Sites, including by helping us collect and understand
usage and performance information and to display and measure advertisements. For example,
“cookies” are files that can identify you as a unique customer and store your personal
preferences as well as technical information (including click through and click stream data).
Cookies manage and measure the performance of advertisements displayed on or delivered by
or through us and/or other networks or sites. Cookies can either be persistent (i.e., they remain
on your computer until you delete them) or temporary (i.e., they last only until you close your
browser).
Some of our Sites may use locally stored objects (sometimes referred to as “Flash cookies”) to
provide certain content, such as video on demand, video clips, or animation. Adobe’s Flash
player and similar applications use this technology to remember settings, preferences, and
usage similar to browser cookies. Flash cookies are not managed through your web browser,
but you can access your Flash management tools from Adobe’s website at http://
www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
We may also use “web beacons” that monitor your use of our Sites. Web beacons (or web
bugs) are small strings of code that provide a method for delivering a graphic image on a web
page for the purpose of transferring data, such as the IP (Internet Protocol) address of the
computer that downloaded the page on which the web beacon appears, the URL (Uniform
Resource Locator) of the page on which the web beacon appears, the time the page containing
the web beacon was viewed, the types of browser that fetched the web beacon and the
identification number of any cookie on the computer previously placed by that server.
When corresponding with you via HTML capable email, web beacons let us know whether you
received and opened our email.
On their own, cookies or web beacons generally do not contain or reveal any personally
identifiable information. However, if you choose to furnish personally identifiable information, this
information can be linked to the data stored in the cookies/web beacons.
Managing cookies and web beacons and Do Not Track. By accepting this Privacy Policy, you
specifically agree to our use of cookies and web beacons as described herein. You may adjust
your browser to reject cookies from us or from any other website. Additionally, by setting your
web browser to display HTML emails as text only, you may be able to prevent the use of some
web beacons. Please consult the “Help” section of your browser for more information. However,
certain areas of our Sites can only be accessed in conjunction with cookies or similar devices
and you should be aware that disabling cookies or similar devices might prevent you from
accessing some of our content or Site features. We do not currently take actions to respond to
Do Not Track signals because a uniform technological standard has not yet been developed.
We continue to review new technologies and may adopt a standard once one is created.
For more information about cookies and how browser settings can be changed to reject them,
you should go to your web browser’s Help menu.
Google Analytics, one of our service providers, provides its own opt-out process. You can find
out more information about Google Analytics’ cookies at https://developers.google.com/
analytics/resources/concepts/gaConceptsCookies. You can control the use of Google Analytics
relating to your use of our Sites, by downloading an installing the browser-plug in available at
http://tools.google.com/dlpage/gaoptout?hl=en.
To set your preferences and opt-out of certain tracking and targeted advertising on your mobile
device, follow the device and/or applicable settings on your mobile device.
If you decide not to accept cookies from our Sites or disable certain technologies, you may not
be able to take advantage of all of the features of our Sites.
OUR COMMITMENT TO SECURITY
We have put in place physical, technical, and administrative procedures designed to protect the
information we collect online at the Sites. However, we cannot assure you that personally
identifiable information that we collect will never be used or disclosed in a manner that is
inconsistent with this Privacy Policy.
HOW YOU CAN ACCESS OR CORRECT INFORMATION
To access the personally identifiable information that our Sites have collected about you online
from the pages on which this Privacy Policy is posted, to correct factual errors in such
information, or to update your interests, preferences or other portions of your user profile,
please log into your account if you have created one with us or send an email to
info@mainstreammediaent.com.
To help protect your privacy and security, we will take reasonable steps to help verify your
identity before granting access or making corrections.
ADDITIONAL INFORMATION REGARDING CHILDREN’S PRIVACY
This privacy policy governs Sites or portions of Sites that are directed to a general audience and
that are not designed or intended for use by children. For more information about our online
privacy practices for Sites or portions of Sites that are directed to children, please review the
privacy policy posted there.
NOTIFICATION REGARDING UPDATES
From time to time, we may update this Privacy Policy. We will notify you about material changes
in the way we treat personally identifiable information by placing a notice on our Sites or by
sending you an email message. We encourage you to periodically check back and review this
policy so that you always will know our current privacy practices.
HOW TO CONTACT US
If you have any questions or concerns about this Privacy Policy or its implementation you may
contact us at: info@mainstreammediaent.com.
You may also contact us at any time at:
MainStream Media Ent., Inc.
Attn: Chief Privacy Officer
451 North Racine, Second Floor
Chicago, IL 60642
(888-840-0211)
MainStream Media Ent., Inc. AFFILIATES
Below is a list of some of the MainStream Media Ent., Inc. companies that currently may have
access to the information collected from users on our Sites as set forth in the Privacy Policy. We
may update this list from time-to-time, so please check back periodically to keep up-to-date.
Below is a list of some of the MSMei companies that are affiliated with the MainStream Media
Ent., Inc. companies and with whom we may share information we collect at our Sites. We may
update this list from time-to-time with additional MSMei, so please check back periodically to
keep up-to-date.
TERMS OF USE
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A
WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 21 and 22.
Updated October 15th, 2016
MainStream Media Ent., Inc. Terms of Use
Welcome to MainStream Media Ent., Inc., MainStream Media Ent., Inc. (collectively “we” or “us”). These Terms of Use apply to our online
and mobile websites, services, and applications (the “Site”).
It is important to us that you, and our other visitors, have the best possible time while using the
Site and that when you use this Site you are fully aware of your respective legal rights and
obligations. For that reason, we have created these Terms of Use as the legally binding terms to
govern your use of this Site. Please read these Terms of Use carefully before using the Site,
because they affect your legal rights and obligations.
1. Your Acceptance of Terms. If you do not agree with any of these Terms of Use please do not
use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms in
their entirety.
Some areas of this Site may be subject to additional terms and conditions, which you should
read carefully and understand how they apply to you before making any use of those areas.
Such additional terms will not change or replace these Terms of Use regarding use of this Site,
unless otherwise expressly stated.
Please note that we reserve the right, in our sole discretion, to change, modify, add or delete
portions of these Terms of Use without notice at any time by updating this posting. You should
visit this page regularly to review the current Terms of Use. Your continued use of the Site will
be deemed as irrevocable acceptance of any changes.
By using the Site, you affirm that you are at least 18 years of age (or have reached the age of
majority if that is not 18 years of age where you live) or that you have reviewed these Terms of
Use with your parent or guardian and he or she agrees to these Terms of Use on your behalf
and takes full responsibility for your compliance with them. You agree that you (and/or your
parent or guardian) are fully able and competent to enter into and comply with these Terms of
Use.
We reserve the right to restrict, suspend, terminate or refuse your access to or use of the Site,
in whole or in part, without notice, in our sole discretion.
2. How to Contact Us. This Site is controlled and operated by MainStream Media Ent., Inc.
an IL Corp, 451 North Racine, Second Floor, Chicago, IL 60642. The phone
number is (888-840-0211.) Please send any complaints, questions or general correspondence
to info@mainstreammediaent.com.
3. Your Registration. To access a Site or some of the resources it has to offer, you may be
asked to provide registration details. If so, it is a condition of use of the Site that all the details
you provide be correct, current, and complete. If we believe the details are not correct, current,
or complete, we have the right to refuse you access to the Site, or any of its resources, and to
restrict, suspend, or terminate your account.
4. Online Privacy Notice. Your privacy is important to us. To help protect your privacy, we
provide a notice explaining our online information practices and the choices you can make
about the way your information is collected and used at this Site. Go to cwtv.com/thecw/privacypolicy
to read this notice, which forms part of these Terms of Use. Your use of the Site and
acceptance of these Terms of Use, constitute your acceptance of the practices set forth in this
privacy notice.
5. Trademarks and Copyrights. This Site and content and materials on this Site (“Material”)
are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”).
Some of the characters, logos or other images on this Site are also protected as registered or
unregistered trademarks, trade names and/or service marks owned by MainStream Media Ent., Inc., its
member companies or others (“Trademarks”). MainStream Media Ent., Inc. respects the intellectual
property rights of others and asks users of this Site to do the same.
6. Your Use of Material. Your right to make use of this Site and any Material appearing on it
is subject to your compliance with these Terms of Use. Modification or use of the Material on
this Site for any purpose not permitted by these Terms of Use may be a violation of the
Copyrights and/or Trademarks and is prohibited.
You may access and display Material for non-commercial, personal, entertainment use only. The
Material and all other content on this Site may not otherwise be copied, reproduced,
republished, uploaded, posted, transmitted, distributed or used in any way unless specifically
authorized by us. The use of any Materials on any other website, app, service, computer
environment, or media, other than a Site, is prohibited.
In addition, you agree not to:
Bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the
Site or Material, including, but not limited to, any digital rights management functionality;
Remove any proprietary notices or labels, including copyright notices, on the Material;
Decompile, reverse engineer, disassemble, or otherwise reducing the code used in any software
on this Site into a readable form in order to examine the construction of such software and/or to
copy or create other products based (in whole or in part) on such software, is prohibited;
Use the Site for commercial purposes or in any way that is unlawful, or harms us or any other
person or entity, as determined in our sole discretion.
You agree to use the Site at your sole risk and that we shall not have any liability to you for the
type of Material that you may access, including without limitation Material that you may find
offensive, indecent, or objectionable. We do not warrant the truth or validity of any information
provided via the Site.
Material on the Site is limited to users in the United States and US territories. Your device IP
address is tested by the Site so that MainStream Media Ent., Inc. can determine whether you are
located in the United States or US territories.
7. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE
SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND
OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, MainStream Media Ent., Inc. AND ANY
MEMBER COMPANIES, SUBSIDIARIES OR AFFILIATED COMPANIES (“MainStream Media Ent., Inc.
GROUP”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. MainStream Media Ent., Inc. GROUP DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. MainStream Media Ent., Inc. GROUP DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER
CONTENT IN THE SITE OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
MainStream Media Ent., Inc. GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE
MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN
THE SITE OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF
OTHERS AND MainStream Media Ent., Inc. GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE,
FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE, APP,
OR SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL
OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS
WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8. Limitation of Liability. MainStream Media Ent., Inc. GROUP DISCLAIMS ALL LIABILITY
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE
(DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE,
THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE OR THE MATERIAL,
INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE
OR ANY OTHER WEBSITE, APP, OR SERVICE REGARDLESS OF THE BASIS UPON WHICH
LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF MainStream Media Ent., Inc. GROUP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT
LIMITATION, YOU (AND NOT ANY MEMBER OF MainStream Media Ent., Inc. GROUP) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE
EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL
OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE
LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW.
9. Forums. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR
EXPRESSED IN OR ON BULLETIN BOARDS, CHAT SECTIONS, COMMUNITY PAGES OR
OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF
MainStream Media Ent., Inc. GROUP OR CONTENT PROVIDERS. MainStream Media Ent., Inc. DOES NOT
UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS
NOT THE RESPONSIBILITY OF MainStream Media Ent., Inc.. MainStream Media Ent., Inc. MAY REMOVE OR
MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN MainStream
Latinos’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK
AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT
ABOVE.
10. User Submissions. MainStream Media Ent., Inc. Group does not accept or consider unsolicited
submissions of any kind (e.g. scripts, treatments, concepts, creative ideas or suggestions,
pitches, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical
compositions (including lyrics), sound recordings, characterizations, or any other materials) in
any format, by any means of transmission (including email). Any such submissions are either
returned to the sender without being reviewed or deleted or discarded without being reviewed.
Therefore, please do not send any unsolicited submissions to any member of MainStream
Latinos Group.
From time to time, areas on this Site may expressly request submissions of concepts, stories,
artwork, audiovisual works or other potential content from you (“Invited Submissions”). Where
this is the case, please carefully read any specific rules or other terms and conditions which
appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will
affect your legal rights. If no Additional Terms govern those submissions, then these Terms of
Use will apply in full to any Invited Submissions you make.
In any event, any material, including Invited Submissions, you send to us will not be treated as
confidential.
Please act responsibly when using this Site. You may only use this Site and its contents for
lawful purposes and in accordance with applicable law and you are prohibited from storing,
distributing or transmitting any unlawful material through this Site. You may not collect or store
personal information regarding other users. You recognize that storing, distributing or
transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if
a third party claims that material you have contributed to the Site is unlawful, you will bear the
burden of establishing that it is lawful. You understand and agree that all materials publicly
posted (other than by MainStream Media Ent., Inc.) or privately transmitted on or through this Site are
the sole responsibility of the sender, not MainStream Media Ent., Inc., and that you are responsible for
all material you upload, post or otherwise transmit to or through this Site.
We at MainStream Media Ent., Inc. require that you do not post, email, or submit to or publish through
Forums or otherwise make available on this Site any content, or act in a way, which in our
opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor
appearing in the Material;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for
personally identifiable details for improper purposes or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating
anyone’s copyrights or trademarks or their rights of privacy or publicity;
(e) violates any law or may be considered to violate any law;
(f) transmits under any contractual or other relationship (e.g., inside information, proprietary or
confidential information received in the context of an employment or a non-disclosure
agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise
engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship
banners or sponsored videos, and/or soliciting goods or services) except as specifically
authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other
computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the
functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are
able to type, or otherwise act in a way which affects the ability of other people to engage in real
time activities via the Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a ‘pyramid’ or similar scheme;
(p) disobeys any policy or regulations established from time to time regarding use of this Site or
any networks connected to this Site; or
(q) contains links to other sites that contain the kind of content, which falls within the
descriptions set out at (a) to (p) above.
In addition, you are prohibited from removing any sponsorship banners or other material
inserted by MainStream Media Ent., Inc. anywhere on this Site (e.g., on any web space made available
for your use).
11. Our Use of Content. Subject to the provisions of any Additional Terms, by posting or
uploading any content to this Site and/or providing any communication or material to
MainStream Media Ent., Inc. (“User Content”), you automatically and irrevocably: (a) grant and assign to
MainStream Media Ent., Inc. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to
any and all rights in the User Content including without limitation all copyright, together with all
consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/
or other use and exploitation including the creation of derivative works, by MainStream Media Ent., Inc.
and/or by any person authorized by MainStream Media Ent., Inc., by any means and in all media now
known or hereafter devised, without payment or other reference to you or any other person, and
to advertise and promote such exploitation, for the full period of all such rights (together with any
extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the
User Content which may be available to you in any part of the world and confirm that no such
rights have been asserted; (c) appoint MainStream Media Ent., Inc. as your agent with full power to
enter into any document and/or do any act MainStream Media Ent., Inc. may consider appropriate to
confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are
the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no
such User Content will be subject to any obligation, of confidence or otherwise, to you or any
other person and that MainStream Media Ent., Inc. shall not be liable for any use or disclosure of such
User Content.
12. System Abuse. Without limitation, you agree not to send, create or reply to so called
“mailbombs” (i.e., emailing copies of a single message to many users, or sending large or
multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e.,
unsolicited emailing for business or other purposes) or undertake any other activity which may
adversely affect the operation or enjoyment of this Site by any other person.
You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource,
contained on this Site.
13. Security. Any usernames and passwords used for this Site are for individual use only.
You shall be responsible for the security of your username and password (if any). MainStream
Latinos shall be entitled to monitor your username and password and, at its discretion, require
you to change it. If you use a username and password that MainStream Media Ent., Inc. considers
insecure, MainStream Media Ent., Inc. will be entitled to require this to be changed and/or terminate your
account.
You are prohibited from using any services or facilities provided in connection with this Site to
compromise security or tamper with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g. password guessing programs, cracking tools
or network probing tools) is strictly prohibited. If you become involved in any violation of system
security, MainStream Media Ent., Inc. reserves the right to release your details to system administrators
at other sites in order to assist them in resolving security incidents.
14. Investigations. MainStream Media Ent., Inc. reserves the right to investigate suspected violations
of these Terms of Use, including without limitation any violation arising from any submission,
posting or email you make or send to any Forum. MainStream Media Ent., Inc. may seek to gather
information from the user who is suspected of violating these Terms of Use, and from any other
user. MainStream Media Ent., Inc. may suspend any users whose conduct or postings are under
investigation and may remove such material from its servers as it deems appropriate and
without notice. If MainStream Media Ent., Inc. believes, in its sole discretion, that a violation of these
Terms of Use has occurred, it may edit or modify any submission, posting or email, remove the
material permanently, cancel postings, warn users, suspend users and passwords, terminate
accounts or take other corrective action it deems appropriate. MainStream Media Ent., Inc. will fully
cooperate with any law enforcement authorities or court order requesting or directing the to
disclose the identity of anyone posting any email, or publishing or otherwise making available
any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS
AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF MainStream Media Ent., Inc.
GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF
MainStream Media Ent., Inc. GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A
MEMBER OF MainStream Media Ent., Inc. GROUP OR LAW ENFORCEMENT AUTHORITIES.
15. Service. In order to use this Site, you must obtain access to the World Wide Web or a
mobile network and pay any service fee associated with that access. You will need to provide all
equipment necessary to connect to the Site on the World Wide Web or mobile network
(including a computer or other device, modem and/or other access devices).
MainStream Media Ent., Inc. reserves the right to modify or discontinue, temporarily or permanently, all
or any part of this Site and/or any software, facilities and services on this Site, with or without
notice, and/or to establish general guidelines and limitations on their use.
16. Local Regulations. MainStream Media Ent., Inc. makes no representation that Materials or other
content on the Site are appropriate or available for use outside the United States, its territories,
possessions and protectorates. If you choose to access the Site from other locations you do so
on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable.
You specifically agree to comply with all applicable laws concerning the transmission of
technical data exported from the United States or the country you reside in.
17. Indemnity. You agree to indemnify and hold harmless MainStream Media Ent., Inc. and its
officers, directors, employees, agents, distributors, member companies and its and their
affiliates from and against any and all claims, demands, liabilities, costs or expenses, including
reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions,
representations or warranties, and/or from your placement or transmission of any content onto
MainStream Media Ent., Inc.’s servers, and/or from any and all use of your account.
18. Third-Party Sites. This Site may link you to other sites on the Internet or any other
application or service. These sites, apps, and services may contain information or material that
some people may find inappropriate or offensive. These other sites, apps, and services are not
under the control of MainStream Media Ent., Inc., and you acknowledge that (whether or not such sites
are affiliated in any way with MainStream Media Ent., Inc. or its member companies) MainStream
Latinos is not responsible for the accuracy, copyright compliance, legality, decency, or any other
aspect of the content of such sites, apps, or services. The inclusion of such a link does not imply
endorsement of any site, app, or service by MainStream Media Ent., Inc. or any association with its
operators or member companies.
MainStream Media Ent., Inc. cannot ensure that you will be satisfied with any products or services that
you purchase from any third-party site that links to or from MainStream Media Ent., Inc. since other shop
channels are owned and operated by independent retailers. MainStream Media Ent., Inc. does not
endorse any of the merchandise, nor has MainStream Media Ent., Inc. taken any steps to confirm the
accuracy or reliability of any of the information contained in such third-party sites. MainStream
Latinos does not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you might be requested
to give any third party, and you irrevocably waive any claim against us with respect to such
sites. We strongly encourage you to make whatever investigation you feel necessary or
appropriate before proceeding with any online transaction with any of these third parties.
19. Proprietary Online Services. Any area of this Site that is accessed through any
proprietary online service is subject to the rules, policies and guidelines of such proprietary
online service.
20. Governing Law. The Materials and all other content and features on this Site are
presented solely for the purpose of providing entertainment and information and promoting
programs, films, music, and other products available in the United States, its territories,
possessions, and protectorates.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws
of the State of Illinois, as they are applied to agreements entered into and to be performed
entirely within Illinois.
21. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY
SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A
LAWSUIT IN COURT
If a dispute arises between you and us, you agree to provide us with notice of the dispute via
email to legal@mainstreammediaent.com. Upon our receipt of the notice, the parties shall have a period of sixty
(60) days to attempt to resolve the dispute informally before either may resort to the other
alternatives described in this Section.
With the exception of class actions (further discussed in Section 22), claims to enforce
intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but
not privacy or publicity rights), and claims of piracy or unauthorized use of the Site, any dispute
of any kind between you and any of our Companies arising under these Terms of Use or in
connection with your use of the Sites (“Dispute”), if unresolved through informal discussions
within sixty (60) days of receipt of notice, shall be resolved by binding arbitration in the state in
which you reside.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order
from a federal or state court in the United States. However, after such request for relief has
been heard by such court, the remainder of the Dispute will be resolved by binding arbitration as
set forth herein. We reserve the right to demand any remedy for violations of these Terms of
Use and/or any other rules and regulations set forth on the Sites, including without limitation the
right to block access from a particular Internet protocol (IP) address.
Any arbitrator proceeding over a Dispute shall be a retired judge or justice of any state or
federal court with substantial experience in the subject matter relevant to the matter in dispute
and shall follow Illinois law in adjudicating the dispute. The parties agree that an arbitrator
proceeding over a Dispute shall be instructed, whenever practicable, to resolve threshold legal
issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’s
streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to
the extent that the JAMS rules are inconsistent with this Agreement or the class action waiver
described below. The JAMS rules are available at www.jamsadr.com.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority
to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability
or formation of this Agreement, including, but not limited to any claim that all or any part of this
Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or in equity. The
arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment
in any court of competent jurisdiction.
If the claim you wish to assert against us is less than $10,000, then, at your election, (i) the
arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of
arbitration bring your claim in small claims court. If either party files a claim in state or federal
court that is required by this Agreement to have been brought to arbitration, then the other party
shall be entitled to his/her/its reasonable attorneys’ fees incurred in successfully compelling
arbitration.
To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit,
MainStream Media Ent., Inc. will pay the additional cost of the filing fee.
22. Class Action Waiver. The parties agree that they will resolve their Disputes on an
individual basis, and that any claims brought under this agreement or in connection with the
Sites must be brought in the parties’ individual capacity, and not as a plaintiff or class member in
any purported class, collective, or representative proceeding. The parties further agree that
they shall not participate in any class action (existing or future) brought by any third party arising
under this agreement or in connection with the Sites. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable for any reason or that
an arbitration can proceed on a class basis, then such class action is not subject to arbitration
and must be litigated in state or federal court in Los Angeles County in the state of Illinois.
23. Severability. If any provision of these Terms of Use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable for this agreement and
shall not affect the validity and enforceability of any remaining provisions. This is the entire
agreement between the parties relating to the matters contained herein.
24. Claims of Infringement. If you believe that any content appearing on this Site infringes
your copyright rights, we at MainStream Media Ent., Inc. want to hear from you. Please forward the
following information in writing to the Copyright Agent at the address listed below:
(a) your name, address, telephone number, and email address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been
authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person
authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is
accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent
MainStream Media Ent., Inc. Inc.
c/o: MainStream Media Ent. Inc.
451 North Racine
Second Floor,
Chicago, IL 606042
Tel: (888) 840-0211
Email: info@mainstreammediaent.com
MainStream Media Ent., Inc. seeks to preserve any and all exemptions from liability that may be
available under the copyright law, but does not necessarily stipulate that it is a service provider
as defined in USC section 512(c) or elsewhere.