Terms of Service
Last updated on May 23rd 2016
This www.MayStreet.com website and service (together, the “Service“) is provided by MayStreet LLC (“MayStreet“). Your use of the Service is governed by these MayStreet Terms of Service (the “MayStreet TOS“). Please read them carefully before using the Service. By using the Service, you agree to be bound by and honor all terms and provisions of the MayStreet TOS. If you cannot agree to the MayStreet TOS, then you must not access or otherwise use the Service. The MayStreet TOS applies whether you are accessing the Service via a personal computer, wireless or mobile device, or any other technology or device.
In the MayStreet TOS, MayStreet sometimes refers to itself as “we” or “us,” and sometimes refers to you as “you,” the “user,” or the “visitor.”
From time to time, MayStreet may update or otherwise modify the MayStreet TOS in its sole discretion. We will post or display notices of material changes on the Service and/or notify you via other electronic means. How we do so is at our discretion. Once we post or make them available on the Service, these changes become effective immediately or as of the effective date otherwise specified, and your continued use of the Service shall confirm your agreement to the modified MayStreet TOS. Modifications will not have retroactive effect. We recommend that you check back frequently and review the MayStreet TOS regularly so that you are aware of the most current rights and obligations that apply to you.
The Service is not marketed to or intended for anyone under 18 years old, or anyone under the legal age of majority in his or her state, country or other jurisdiction of residence. Such individuals must not use the Service.
Service ownership, Service Content and your Service use
The Service is owned by MayStreet, including all text, graphics, photographic images, audio, video and audiovisual recordings, and other content published via the Service (collectively, such elements are “Service Content“). Certain Service Content elements are owned by third parties who have permitted MayStreet to use them (for example, certain text and photographic image contributions); MayStreet claims no ownership of such third party elements. All rights to Service Content are reserved.
You may view, download and print copies of MayStreet’s Service Content elements for your own reasonable personal use. Otherwise, you may not reproduce, display, distribute or transmit copies of MayStreet’s Service Content elements.
Without limitation, you agree not to do or permit or engage anyone else to do any of the following:
a. use scrapers, phishers, crawlers, Internet agents, indexers, spiders, robots, bots, data extraction or mining devices, or other similar devices, programs, algorithms, subroutines or technology that performs the same or similar functions, whether to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Service or any portions thereof, or for any other purpose or reason;
b. use or access the Service by any means other than via the user interface(s) provided by MayStreet for such purpose;
c. hack or otherwise attempt to access or use the Service without our authorization, or disable, impede, circumvent or otherwise interfere with the Service’s features, security, connections, servers, networks or other elements;
d. use the Service in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Service, or place more than reasonable single-user demands on our systems, servers and resources furnishing the Service;
e. frame, inline, mirror or otherwise repurpose, commercialize or similarly use the Service or Service Content in any way for any purpose;
f. copy, reproduce, distribute, republish, tweet, syndicate, license, sublicense, download, archive, store, perform, display, post, transmit, exploit, create derivative works or otherwise use the Service or any Service Content in any form, by any means, or for any purpose, without MayStreet’s express prior written consent (but you may view, download and print copies of MayStreet’s Service Content elements for your own reasonable personal use); and
g. use the Service or Service Content for any illegal purpose or in any manner that violates any applicable law.
You agree that the foregoing prohibited uses and actions violate the MayStreet TOS, and additionally do or may violate copyright, trademark, privacy and publicity rights of MayStreet and others, and also do or may constitute other violations of law, all for which you agree to be liable.
MayStreet may from time to time modify or discontinue, temporarily or permanently, the Service (and parts thereof) with or without notice, and without any obligation to you. MayStreet also may terminate or suspend your use and access to all or any parts of the Service, with or without notice, and for any reason or no reason, in MayStreet’s sole discretion. Such termination or suspension will not terminate or suspend the MayStreet TOS as applied to you.
MayStreet controls the Service from its offices in the State of New York in the U.S. MayStreet makes no representation or warranty that the Service or Service Content is legal, appropriate or available for use in other locations. Those who access the Service from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent that local laws, rules and regulations apply. No software made available in connection with the Service may be downloaded, exported or re-exported into, or to a national or resident of, any countries that are subject to U.S. export restrictions.
Your user account for the Services
You might wish to establish a user account for the Service, as doing so might make available to you more of the Service’s features and functionality. In either case, the MayStreet TOS applies to your use of the Service. Establishing a user account bears no fee, but a user account is subject to the following rules: You must supply and maintain truthful, complete and up to date information about you as may be prompted by any registration wizards or forms on the Service. You must guard your Service password and any other Service security tokens or credentials against theft or unauthorized third party use. You must alert us immediately and also change your Service credentials if you know or have reason to suspect that your Service credentials have been stolen or compromised. You are responsible for all activities that occur under your password or account, including unauthorized purchases and charges.
Copyright infringement concerns / Digital Millennium Copyright Act Takedown Notices
If you believe that any material published via the Service infringes or otherwise violates your copyright rights, you may request that we remove it by sending to our designated Copyright Agent a written notice containing the following information and statements:
a. Identify the work that you believe has been infringed. Describe the work, and provide a copy of the work or a website address at which we can review it. Include links, page numbers or other appropriate references to help us to locate the work.
b. Identify the content or other information that you believe infringes your work. Include all links to our Service page(s) to help us locate the information on the Service.
c. Provide your name and contact information so that we may reach you to discuss your notice as appropriate.
d. Include a statement that you have a good faith belief that the use of the information is not authorized by the copyright owner, its agent, or otherwise by law.
e. Include a statement that the information that you have submitted is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or its representative authorized to act on its behalf.
f. A signature or the electronic equivalent from the copyright owner or its representative authorized to act on its behalf.
The contacts for our Copyright Agent are as follows:
Via traditional mail:
135 West 26th Street 7C
New York, NY 10001
Service abuse and MayStreet TOS violations
If you become aware of abuses or other violations of the MayStreet TOS that you wish to report, please contact us:
Via email: firstname.lastname@example.org
Via traditional mail:
135 West 26th Street 7C
New York, NY 10001
MayStreet reserves the right (but undertakes no obligation) to take any action it deems fit against violators of the MayStreet TOS, including suspension and termination of any user account and any visitor’s use of the Service, for any reason or no reason, and with or without notice in MayStreet’s sole discretion.
The Service’s links to others’ websites and services
You agree to indemnify and hold harmless MayStreet, its shareholders and licensors, and all of their respective affiliates, directors, officers, employees, members, agents, counsel and representatives (collectively, the “MayStreet Group“) against and for all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees and costs), resulting or arising from or relating to your (A) use or attempted use of the Service or Service Content; (B) your violation of the MayStreet TOS; (C) your infringement or violation of any rights of another person or entity; and (D) your violation of applicable law. MayStreet reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
MAYSTREET PROVIDES THE SERVICE ONLY ON AN “AS IS” AND AS AVAILABLE BASIS. YOU USE THE SERVICE AT YOUR SOLE RISK. MAYSTREET DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE SERVICVE. IN PARTICULAR, MAYSTREET DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM SERVICE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MAYSTREET OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.
Limitations of liability
THE MAYSTREET GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICE, THE MAYSTREET TOS, OR YOUR USE OF OR THE INABILITY TO USE THE SERVICE OR SERVICE CONTENT.
THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE MAYSTREET GROUP FOR ANY REASON RESULTING DIRECTLY OR INDIRECTLY FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR THE INABILITY TO USE THE SERVICE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH CAUSE OR CLAIM, SHALL BE LIMITED TO THE LESSER OF (A) FIFTY U.S. DOLLARS, AND (B) THE NET AMOUNT ACTUALLY RECEIVED BY MAYSTREET FROM YOU FOR ANY PRODUCTS OR SERVICES PURCHASED FROM MAYSTREET DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. YOU AGREE THAT THIS LIMITATION OF LIABILITY REFLECTS A REASONABLE ALLOCATION OF RISK. YOU ACKNOWLEDGE THAT BUT FOR YOUR AGREEMENT TO SUCH LIMITATION OF LIABILITY, MAYSTREET WOULD NOT PROVIDE THE SERVICE TO YOU.
THE ESSENTIAL PURPOSE OF THE FOREGOING LIMITATIONS OF LIABILITY IS TO LIMIT THE MAYSTREET GROUP’S LIABILITY UNDER THE MAYSTREET TOS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF YOUR REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME JURISDICTIONS OR TERRITORIES DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MIGHT NOT APPLY TO YOU; IN SUCH CASE, HOWEVER, AT MAYSTREET’S OPTION THE MAXIMUM APPLICABLE LIMITATIONS OF THE MAYSTREET GROUP’S LIABILITY SHALL APPLY.
The MayStreet TOS sets forth the entire understanding of you and us with respect to its subject matter. In the event that any one or more of the terms and provisions in the MayStreet TOS is held to be invalid, illegal or unenforceable, the remaining provisions still will be valid and not affected or impaired thereby. Failure to insist upon strict adherence to any term or provision of the MayStreet TOS shall not waive any such term or provision and shall not waive or limit any right thereafter to insist upon strict adherence to that term or provision or any other term or provision of the MayStreet TOS. Headings are only for convenience; they shall not be used to construe the meaning or intent of the MayStreet TOS. You may not assign or transfer the MayStreet TOS or sublicense the rights granted hereunder without MayStreet’s express prior written consent. Any purported assignment, transfer, or sublicensing of the MayStreet TOS or the rights or obligations hereunder in violation of its terms is void. MayStreet may assign or transfer the MayStreet TOS from time to time in its sole discretion. The MayStreet TOS is binding on all permitted successors and assigns. The governing law of the MayStreet TOS is the substantive laws of the State of New York. The MayStreet TOS will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded.
The MayStreet TOS does not change or affect any other written agreement(s) that you now or in the future may have with MayStreet. In the event of any conflict between those agreement(s) terms and the MayStreet TOS, those agreement(s) terms will govern in that instance.
Any dispute arising out of or in connection with the MayStreet TOS or your use of the Service, including any question regarding the existence, validity or termination of the MayStreet TOS, shall be resolved by binding arbitration conducted in New York, New York before and under the administration and rules of JAMS (www.jamsadr.com). Each party to such arbitration shall bear its own respective fees and expenses.
Notwithstanding the foregoing arbitration requirements, MayStreet never shall be precluded or delayed from seeking and obtaining emergency, temporary, preliminary or permanent injunctive relief in State, Federal, or any other courts of competent jurisdiction to protect and enforce its intellectual property rights or to remedy your unauthorized uses of the Service or the Service Content if MayStreet reasonably deems such relief necessary. You agree to and shall not challenge the personal jurisdiction and venue of the State and Federal courts in the State of New York for such purpose. MayStreet may enforce any judgment or award in any court of competent jurisdiction.
You must commence a proceeding arising out of or in connection with the MayStreet TOS or the Service no more than one (1) year after the date on which the claim that is the subject of the proceeding arose. You waive any statutes of limitations to the contrary.
To the fullest extent permitted by applicable law, you waive your right to bring or participate in any class arbitration proceedings against MayStreet or its affiliates.
To the fullest extent permitted by applicable law, you waive your right to bring or participate in any class action proceedings against MayStreet or its affiliates.
IN ANY ACTION OR PROCEEDING BROUGHT CONCERNING THE SERVICE, THE MAYSTREET TOS, OR SUBJECT MATTERS COVERED BY THE MAYSTREET TOS, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE NOW OR HEREAFTER TO A TRIAL BY JURY.
Questions or comments
If you have any questions or comments about our Service or MayStreet TOS, please contact us:
Via email: email@example.com
Via traditional mail:
135 West 26th Street 7C
New York, NY 10001
MAYSTREET, BELLPORT and the MayStreet logo are exclusive trademarks and service marks of MayStreet LLC.
The Service © 2012-2016 MayStreet LLC.
All rights reserved. Unauthorized use or reproduction prohibited.