Terms of services
UPDATED: NOVEMBER 10TH, 2023
TERMS OF SERVICES
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
- Key Terms
MainStream Entertainment provides an online platform that connects listers who have properties to rent with renters seeking to rent such properties for uses including but not limited to motion pictures, television, and other types of creative productions (collectively, the “Services”), which Services are accessible at mstreament.com and any other websites through which MainStream Entertainment makes the Services available (collectively, the “Site”).
If you are using the Site or Services, these Terms of Service are between you and MainStream Entertainment, Inc. (hereinafter referred to as “MainStream Entertainment”, “we”, “us”, or “our”) with respect to the use of the Site or Services and with PayPal, a third-party payment processor, (“PayPal”) with respect to any payments or payouts from or to you conducted through the Site.
“Renter” means a Member who requests from a Lister a booking of a Listing via the Site or Services.
“Member” means a person who completes MainStream Entertainment’s account registration process,
“Booking Request Period” means the time starting from the time when a booking is requested by a Renter (as determined by MainStream Entertainment in its sole discretion), within which we decide whether to confirm or reject that booking request, as stated on the Site or Services.
“Tax” or “Taxes” mean any sales taxes, value-added taxes (VAT), goods and services taxes, transient occupancy taxes, tourist or other visitor taxes, property or lodging taxes, fees (such as convention center fees) that Property providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
- Terms of Service
In addition, certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
MainStream Entertainment reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
For users in the United States, MainStream Entertainment may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks at our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from MainStream Entertainment’s vendors.
- How the Site and Services Work
The Site and Services can be used to facilitate the booking of MainStream Entertainment Properties. Such Properties are included in Listings on the Site and Services by Owner. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book our property, you must first register to create a MainStream Entertainment Account (defined below).
- Account Registration
To access certain features of the Site and to book our property you must register to create an account (“MainStream Entertainment free Account”) or become a paid member. You may register to join the Services directly via the Site or as described in this section.
Your MainStream Entertainment Account and your MainStream Entertainment Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active MainStream Entertainment Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. MainStream Entertainment reserves the right to suspend or terminate your MainStream Entertainment Account and your access to the Site and Services if you create more than one (1) MainStream Entertainment Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MainStream Entertainment Account, whether you have authorized such activities or actions. You will immediately notify MainStream Entertainment of any unauthorized use of your MainStream Entertainment Account.
- Bookings and Financial Terms
- Key definitions
“Lister Fees” means the fee that MainStream Entertainment charges a Lister for the use of the Services, which is calculated as a percentage of the applicable Property Fees. The Lister Fees will be displayed to the Lister when the Lister is asked whether to confirm or reject a booking request from a prospective Renter.
“Payment Method” means a payment method that you have added to your MainStream Entertainment Account, such as a credit card, debit card, or PayPal.
“Property Fees” means the amounts that are due and payable by a Renter in exchange for renting a Property. This includes the Lister Fees, the Property Management Fees (if applicable), and the Processing Fee. The Lister alone, and not MainStream Entertainment, is responsible for setting the Property Fees for his or her Listing.
“Property Manager” means a person or a company providing assistance to the Lister with listing and renting out the Property.
“Property Management Fees” means the fee that the Property Manager charges a Lister for assisting a Lister with listing and renting out the Property, which is calculated as a percentage of the applicable Property Fees. The Property Management fees will be displayed to the Renter when the Renter is asked whether to send a booking request to a Lister.
“Service Fees” means collectively the Property Management Fees and the Lister Fees.
“Processing Fee” means the fee paid by the Renter based on the total Location Fee plus the Additional Fees (if there are Additional Fees applicable to the booking). The Processing Fee is reduced as the total cost of the booking increases.
“Additional Fees” are extra fees associated with the use of Listing. These are the fees that the host does not benefit from personally and are paid by the host to external contractors (e.g. Cleaning fee or Site rep fee).
“Total Fees” means collectively the Property Fees and the Service Fees plus any Taxes.
- Appointment of Paypal as Limited Payment Collection Agent for Lister
Each Lister hereby appoints Paypal as the Lister’s limited payment collection agent for the purpose of accepting the Property Fees from Renters. Each Lister agrees that payment made by a Renter through Paypal, shall be considered the same as a payment made directly to the Lister, and the Lister will make the Property available to the Renter in the agreed-upon manner as if the Lister has received the Property Fees.
- Bookings and Financial Terms for Listers
If you are a Lister and a booking is requested for your Property via the Site or Services, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the Renter who has requested the booking, (ii) a link to the Renter’s MainStream Entertainment Account profile page. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Paypal for the requested booking will be refunded to the applicable Renter. When you confirm a booking requested by a Renter, MainStream Entertainment will send you an email, text message, or message via the Site confirming such booking, depending on the selections you make via the Site and Services.
Paypal will collect the Total Fees from Renters at the time of the booking request or upon the Lister’s confirmation and will initiate payment of the Property Fees (less applicable fees and taxes) to the Lister and the Property Management Fees to the Property Manager in most cases within 24 hours of the scheduled check-in time of the Renter at the applicable Property (except to the extent that a refund is due to the Renter).
- Bookings and Financial Terms for Renters
The Listers, not MainStream Entertainment, are solely responsible for honoring any confirmed bookings and making available any Properties reserved through the Site and Services. If you, as a Renter, choose to enter into a transaction with a Lister for the booking of a property, you agree and understand that you will be required to enter into an agreement with the Lister and you agree to accept any terms, conditions, rules, and restrictions associated with such Property imposed by the Lister. You acknowledge and agree that you, and not MainStream Entertainment, will be responsible for performing the obligations of any such agreements, that MainStream Entertainment is not a party to such agreements, and that MainStream Entertainment (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Renter before the Renter sends a booking request to a Lister. As noted above, the Lister is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically canceled. Upon receipt of your booking request, PayPal may initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is canceled (i.e. not confirmed by the applicable Lister), any amounts collected by PayPal will be refunded to such Renter, depending on the selections the Renter makes via the Site, and any pre-authorization of such Renter’s Payment Method will be released, if applicable.
You as a Renter agree to pay the Total Fees (including the Processing Fee) for any booking requested, and in most cases confirmed, in connection with your MainStream Entertainment Account. Paypal will collect the Total Fees pursuant to these Terms.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
- Service Fees and Other Fees
In consideration of the use of MainStream Entertainment’s online marketplace and platform, MainStream Entertainment charges Lister Fees. Paypal collects these Lister Fees, and, where applicable, may also collect Taxes in respect of the Lister Fees and Property Management Fees. MainStream Entertainment deducts the Lister Fees and Property Management Fees from the Property Fees before remitting the balance to the Lister.
- Cancellations and Refunds
- i. Cancellations by Renters
As a Renter, you may cancel any reserved Booking before it is confirmed by the Lister without further obligation.
Once a booking is confirmed by a Lister, the following cancellation and refund rules apply to Renters:
- Cancellation within 24 hours of booking. Any booking cancelled by a Renter twenty-four (24) hours, or fewer, or less than, after booking confirmation adheres to MainStream Entertainment’s Grace Period cancellation policy which merits a full refund to the Renter (unless there is less than 48 hours left until the shoot/event start, in which case the booking is non-refundable).
- Cancellation 48 hours or fewer before the booking start date. Any booking canceled by a Renter forty-eight (48) hours, or fewer, prior to the start of the booking period is non-refundable and the Renter will be charged the Total Fees stipulated in the booking request.
- Cancellation more than 48 hours prior to the booking start date. For any booking canceled by a Renter more than forty-eight (48) prior to the start of the booking period, the Renter will be charged fifty percent (50%) of the Total Fees stipulated in the booking request.
In the event, a Renter cancels a booking that, pursuant to this Section 9(f)(i), requires payment in the form of a refund to a Renter or payout to a Lister, MainStream Entertainment will keep the Property Fees until the day on which the canceled booking was to begin at which time MainStream Entertainment will begin to process any applicable payments to the Renter and/or Lister in accordance with its normal payment policy. For all Renter-cancelled bookings, the Lister will be entitled to the Property Fees paid to MainStream Entertainment as provided in this Section 9(f)(i) less the Service Fees payable to MainStream Entertainment provided. Failure of a Renter to comply with the cancellation provisions of this Section 9(f) shall result in the Renter forfeiting his or her right to any refund and the Renter shall instead be liable for the full Total Fees.
iii. Cancellations by MainStream Entertainment
In certain circumstances, MainStream Entertainment may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking or to issue a refund to a Renter for part or all the amounts charged to the Renter. This may be for extenuating circumstances, an emergency, or for any other reason. Additionally, MainStream Entertainment reserves the right to cancel any booking that it deems fictitious at its sole discretion. You hereby agree that MainStream Entertainment and the relevant Renter or Lister will not have any liability for any such cancellation or refund made by MainStream Entertainment.
- Fraud and Fraud Prevention
MainStream Entertainment as fraud detection and prevention processes in place to protect and educate Listers against potential fraudulent behavior by Renters on the platform. MainStream Entertainment’s team can be reached at any time by use of the contact page if the Lister desires a manual check on a Renter’s behavior and/or identity.
- Renting a Property on MainStream Entertainment
As a Renter, you are responsible for acquiring all the necessary permits from all relevant bodies (including but not limited to filming permits, parking permits, etc.) and insurance policies as well as release forms and other documents relevant to the filming process to be performed at the Property during the Booking Period. MainStream Entertainment cannot be held liable for Renter not acquiring all the necessary permits and other documents relevant to the filming process to be performed at the Property during the Booking Period.
- Damage to Properties
As a Renter, you are responsible for leaving the Property in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, 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 Property. If Lister claims otherwise and provides evidence of damage (“Damage Claim”), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
A times we May choose to include security deposits in certain situations (“Security Deposits”). Case by case evolving extends stays and overnight requirements whether a Security Deposit is required for the applicable booking. MainStream Entertainment makes a Damage Claim for a confirmed booking of a Property, you as a Renter will be notified of any Damage Claim and given forty-eight (48) hours to respond. Thereafter, PayPal will collect any such costs from you and/or against the Security Deposit. MainStream Entertainment/PayPal also reserves the right to otherwise collect payment from you and pursue any avenues available to MainStream Entertainment in this regard in situations in which you have been determined, in MainStream Entertainment’s sole discretion, to have damaged any Property, including, but not limited to, in relation to any payment requests made by us based on a Damage Claim, Renters agree to cooperate with and assist MainStream Entertainment in good faith and to provide MainStream Entertainment with such information and take such actions as may be reasonably requested by MainStream Entertainment, in connection with any Damage Claims or other complaints or claims made by Members relating to Properties or any personal or other property located at a Property or with respect to any investigation undertaken by MainStream Entertainment or a representative of MainStream Entertainment regarding use or abuse of the Site or the Services. If you are a Renter, upon MainStream Entertainment’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Lister, at no cost to you, which process will be conducted by MainStream Entertainment or a third party selected by MainStream Entertainment or its insurer, with respect to losses for which the Lister is requesting payment from MainStream Entertainment.
If you are a Renter, you understand and agree that MainStream Entertainment may make a claim under your homeowner’s, renter’s, or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Property or any personal or other property located at a Property. You agree to cooperate with and assist MainStream Entertainment in good faith, and to provide MainStream Entertainment with such information as may be reasonably requested by MainStream Entertainment, in order to make a claim under your homeowner’s, renters or other insurance policy, including, but not limited to, executing documents and taking such further acts as MainStream Entertainment may reasonably request to assist MainStream Entertainment in accomplishing the foregoing Security Deposits, if required by a Lister, may be applied to any fees due from a Renter overstaying at a Listing without the Lister’s consent.
The renter acknowledges that MainStream Entertainment holds a security deposit equal to 50% of the total location fee 48 hours before the start date of the booking, should the location require it. This hold is authorized on the credit card used to book the location. If MainStream Entertainment is unable to successfully authorize the security deposit, the Renter’s booking may be subject to the terms of the MainStream Entertainment cancellation policy.
- Overstaying without the Lister’s Consent
Renters agree that a confirmed booking is merely a license granted by the Lister to the Renter to enter and use the Listing for the limited duration of the confirmed booking and in accordance with the Renter’s agreement with the Lister. Renters are allowed to be present in the Property only within the designated hours that the Lister specifies in the Listing or such other time as mutually agreed upon between the Lister and Renter and further agree to leave the Property no later than the checkout time that the Lister specifies in the Listing or such other time as mutually agreed upon between the Lister and Renter. If a Renter stays past the agreed-upon designated hours or checkout time without the Lister’s consent, they no longer have a license to stay in the Listing and the Lister is entitled to make the Renter leave. In addition, Renters agree that the Lister can charge the Renter for periods that the Renter stays over the agreed designated hours or period without the Lister’s consent an additional fee of 1.5 times the average hourly Property Fee originally paid by the Renter to cover the inconvenience suffered by the Lister, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Lister to make the Renter leave (collectively, “Additional Sums”). The Additional Sums will be charged in half-hour increments. MainStream Entertainment reserves the right to charge the Renter for any overages (overtime, extra people) and damages based on the evidence provided by the Lister.
- Health and Safety Measures
You acknowledge and agree that MainStream Entertainment’s Terms of Service include your responsibility for taking all necessary health, safety, and hygiene measures to protect yourself and any Listers or Renters from the spread of potentially infectious diseases or any other unhealthy, unsafe, or unsanitary conditions. You also acknowledge and agree that you have read and will comply with MainStream Entertainment’s COVID-19 Health & Safety Measures (the “Safety Measures”). MainStream Entertainment reserves the right to update these Safety Measures periodically in its sole discretion, so please check the Safety Measures frequently, including the version that is current at the time of your Booking.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that MainStream Entertainment is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MainStream Entertainment of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
- Third-party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- Contacting MainStream Entertainment
If you have any questions about these Terms, please contact MainStream Entertainment.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of MainStream Entertainment and you hereby irrevocably assign to MainStream Entertainment and agree to irrevocably assign to MainStream Entertainment all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At MainStream Entertainment’s request and expense, you will execute documents and take such further acts as MainStream Entertainment may reasonably request to assist MainStream Entertainment to acquire, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.