MiNeeds LLC ("MiNeeds") welcomes you. MiNeeds provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of this TOS at any time at: http://www.mineeds.com. In addition, when using particular MiNeeds owned or operated services, you and MiNeeds shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into this TOS.
1. ACCEPTANCE OF MINEEDS TERMS
Welcome to the MiNeeds LLC Get Filmed! Package Service ("Service"). Your use of this Service is subject to the MiNeeds Terms of Use ("TOU") which supplement this MiNeeds Terms of Service ("TOS"), incorporated by reference. MiNeeds LLC. (“MiNeeds”) reserves the right to update and change, from time to time, this TOS and all documents incorporated by reference. You can always find the most recent version of this TOS at: http://www.mineeds.com and the most recent version of the TOU at the URL indicated above. In the event of any inconsistency between this TOS and the MiNeeds TOU, this TOS shall control.
This Service provides functionality that allows MiNeeds users age 13 or older who have a valid MiNeeds ID (“You”) to purchase the MiNeeds Get Filmed! Package Service to be filmed by MiNeeds Filming Team ("Service Team"), edit and upload your video content (“Your Content”) to be hosted by MiNeeds and to be indexed and crawled by MiNeeds’s Search and Multimedia Search technology and otherwise used by MiNeeds for public display on any property within MiNeeds’s network of properties and on MiNeeds’s syndicated third-party sites, and for the public posting, viewing and sharing of Your Content with others. Each video final product to be uploaded and posted by this Service on MiNeeds will be ONE MINUTE long subsequent to editing. This Service is made available by MiNeeds in Seattle-only (
You, and not MiNeeds, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service. You expressly acknowledge and agree that the Service is a public service, that once Your Content is submitted for inclusion into the Service it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content, including any personally identifying information that you may make available online. You agree and acknowledge that Your Content and any associated public user profile filmed and submitted by this Service may appear on local MiNeeds sites in other countries.
2. PAYMENT
If you choose this Service, your total payment ("Payment") for the MiNeeds Get Filmed! Package Service is $750. You are responsible for the full Payment to be filmed, edit, and submit Your Content. This Payment shall be made at the time the purchase order is placed on MiNeeds by credit card or other means solely authorized and made available by MiNeeds. This Payment is NON-REFUNDABLE in whole or in part, under any circumstances even once Payment is applied. If you are not satisfied with the Service, you can email filming@mineeds.com.
3. INTELLECTUAL PROPERTER OWNERSHIP AND EXCULSITIVITY RIGHTS
All rights in this video production provided in this Service are reserved and exclusive to MiNeeds. MiNeeds has the sole ownership and full license to use the media production products and services.
- All media materials and products, including but not limited to, video, audio, photographs and other printed, digital, and electronic materials and data generated under the terms of this TOS are considered to be the sole property of MiNeeds.
- All media video/audio production provided to You in this Service and posted on MiNeeds.com is the sole property of MiNeeds
4. ADVERTISING RIGHTS
MiNeeds reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Content, and MiNeeds will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this TOS obligates or may be deemed to obligate MiNeeds to sell, license or offer to sell or license any advertising, promotion or distribution rights.
5. PROHIBITED CONTENT AND CONDUCT
By purchasing this Service, You agree:
a. that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to Your Content and any other works that You allow to be filmed and/or incorporate into Your Content, and You authorize MiNeeds to use Your Content in the manner contemplated in this TOS.
b. that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person’s name or likeness in Your Content for use in the manner contemplated in theTOS.
c. that You have the written consent, release, permission, and/or notification of appropriate owners of each and every location you choose to be filmed at to use such location in Your Content for use in the manner contemplated in this TOS.
d. not to include in Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
e. that and you acknowledge that children under the age of 13 may not provide content to be filmed and/or incorporated to this Service.
6. APPEARANCE RELEASE
By accepting and purchasing this Service, you hereby grant unconditional permission to MiNeeds Get Filmed Service Team to film you, edit, and post your video on MiNeeds. NO CANCELLATION allowed once this Service accepted and Payment applied.
7. SUBMISSION OF YOUR CONTENT TO MINEEDS
By accepting this TOS and purchasing this Service to film, edit, and submit Your Content to MiNeeds, You hereby grant MiNeeds and its affiliates the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:
a. to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode Your Content to appropriate media formats, standards or mediums as part of the Service;
b. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform and publicly display Your Content on the Service, on any MiNeeds property or in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels; and
c. to use Your Content for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Content in any media format or medium and through any media channels.
The foregoing licenses granted by You shall terminate once You remove or delete, or request removal or deletion of, as applicable, Your Content from the Service, or MiNeeds removes or deletes Your Content under this TOS and the TOU, and the removal has been processed on MiNeeds’s backend.
MiNeeds has no duty or obligation, expressed or implied, to post, host, stream or otherwise include any of Your Content in any MiNeeds property.
8. DISCLAIMER OF WARRENTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINEEDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MINEEDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL PROVIDED BY YOU TO BE FILMED IN THIS SERVICE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINEEDS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINEEDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MINEEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
10. INDEMNITY
You agree to indemnify and hold harmless MiNeeds, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of and access to the Service, Your violation of this TOS or the Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.
11. MINEEDS’S RESERVATION OF RIGHTS
In addition to all other legal remedies available to MiNeeds, You acknowledge that MiNeeds has the right to remove Your Content from the Service or refuse to include Your Content in the Service, suspend or terminate Your MiNeeds account or refuse to grant You access to any current or future use of the Service or any MiNeeds service, with or without warning, if MiNeeds, in its sole discretion, believes You have: (i) violated or tried to violate the rights of MiNeeds or others; or (ii) violated or tried to violate or acted inconsistently pursuant to this TOS or any other terms of the TOU.
12. GOVERNING LAWS AND JURISDICTION
This TOS, , which apply to Your use of the Service, and the relationship between you and MiNeeds shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and MiNeeds agree to submit to the personal and exclusive jurisdiction of the courts located within the