These "Terms of Service" explain the contractual agreement between you ("you", "your") and MyNeeds Co. ("MyNeeds ", "we", "us", "our"), regarding your use of and access to the website located at http://www.myNeeds .com (the "Website") and any resources, features, functionality, or services made available through the Website (hereafter referred to as the "Service"). MyNeeds reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that MyNeeds shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.
MyNeeds provides users the Service, including various media sharing and communication tools, personalized and other content, and e-commerce. You understand and agree that the Service may include advertisements and that these advertisements help enable MyNeeds to provide the Service. You also understand and agree that the Service may include certain communications from MyNeeds . By using the Website and Service, you will be automatically deemed to have opted in to receive e–mail communication from us. When you sign in for the first time, your preferences will be set to automatically publish all social interactions to other social networks. However, you will be able to edit these preferences at any time under "Settings".
Any user IDs, names or passwords associated with your account shall be maintained by you as confidential and should not be shared by you with anyone not authorized to have access to your personal information. You are limited to one account on MyNeeds . MyNeeds strictly forbids multiple accounts for the same sole user and will not honor rewards for users who are using multiple accounts.
Unless explicitly stated otherwise, any new feature or functionality that augments or enhances the current Service, including the release of or access to new properties, shall be subject to the Terms of Service.
MyNeeds has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions or content in MyNeeds 's sole discretion. By using the Website or the Service or communicating with MyNeeds or others by means of your access to the Website or Service, you consent to receive communications from MyNeeds , including but not limited to, emails, text or other messages, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates the Terms of Service.
This Website and the content and all intellectual property rights included in or associated with the Website, including, but not limited to patents, copyrights, trademarks, service marks, logos, are either owned by MyNeeds or owned by others and licensed to us. All rights, title and interest in and to the Website and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content. You agree not to access the Service by any means other than through the interface MyNeeds provides via the Website for use in accessing the Service. Your use of the Website or Service does not grant you any right, license or permission of any kind to reproduce or use MyNeeds ’s intellectual property.
User Feedback and Content Submissions
MyNeeds welcomes your feedback, but if you send us or post or embed on the Website or via any Service any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information ("Submissions"), you represent and warrant to MyNeeds that you either own the Submission or have the right to grant MyNeeds the license described below. MyNeeds does not claim to own such Submission, only the rights you have licensed to us.
You agree that in making a Submission, MyNeeds shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to MyNeeds , and that MyNeeds alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to MyNeeds via the Website or otherwise, you: (a) agree not to make any Submission that violates in any way the Terms of Service; (b) automatically grant MyNeeds a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licenseable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms of Service.
MyNeeds reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Website and will be removed. Inappropriate content includes but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material.
MyNeeds may from time to time and in its sole discretion, offer rewards concurrently and simultaneously, and may add, remove, or otherwise modify reward settings at any time.
The reward(s) that may be awarded to eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other reward. All rewards must be redeemed from MyNeeds within thirty (30) days of the contest end date unless otherwise stated on the Website, in other MyNeeds communications, or with no notice. MyNeeds will not honor rewards for orders made before the reward was issued. Eligible winners must use the buy link provided by MyNeeds in order to redeem rewards that require purchase. Rewards purchased from unapproved vendors may not be fulfilled. If a winner cannot be contacted or is disqualified for any reason, MyNeeds reserves the right to determine an alternate winner or not to award that winner’s reward, in its sole discretion.
MyNeeds may limit participant and winner eligibility in its sole discretion. Rebate reward winnings per user from MyNeeds within any thirty (30) day period is limited to $100 in value. MyNeeds reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the terms of eligibility (or any part thereof) with or without notice.
MyNeeds does not guarantee that rewards can be shipped or otherwise sent to winners residing outside the continental United States. Shipping restrictions may apply, and it is the winner's responsibility to ensure a vendor can ship a reward to them. MyNeeds cannot be held accountable for the shipping limitations or practices of any vendor.
MyNeeds shall have the right to terminate your use of the Website and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms of Services, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, MyNeeds shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that MyNeeds terminates your use rights, MyNeeds shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and liabilities occasioned by such breach or violation.
Linking and Third Party Content
The Website and Service may contain links to third–party websites not under our control or operation. MyNeeds or users may provide any such links only as a convenience; MyNeeds does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website may contain news, advertisements, content, image and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
Disclaimers and Limitation of Liability
Please read this section carefully since it limits the liability of MyNeeds and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. MyNeeds shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the website and the information, content, merchandise and experiences provided via the website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MYNEEDS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MYNEEDS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MYNEEDS , IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MYNEEDS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, MYNEEDS CO. DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The failure of MyNeeds to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Miami-Dade County, Florida, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).