MyWirelessNeeds Mobile Offers Terms and Conditions

Welcome to www.­­­­­­­­­­­­­­mywirelessneeds.com, a website owned and operated by ­­­­­­­­­­­­­­­­­­MyService and Support Corporation.

Please read this Terms of Service agreement (“Agreement”) carefully before using this website (“Website”). If you do not agree with the terms and conditions contained in this Agreement, please do not use the Website. By completing the registration process on this Website or by downloading mobile content to a mobile device (each a "Download"), you (1) represent that you are at least 13 years of age and, if you are not the subscriber of a participating mobile communications carrier, you have the consent of such subscriber to sign-up for and use Company’s Service (as defined in Section 1) on behalf of the subscriber, and (2) agree, on your behalf and on behalf of the subscriber, to be bound by the terms and conditions of this Agreement. In this Agreement, "you" and "your" refer to each customer (including the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement if you are not yourself the subscriber) and any and each of such customer’s agents, if any; and "we", "us" and "our" refer collectively to Company. This Agreement explains our obligations to you and your obligations to us under this Agreement. Company reserves all rights to modify, add, remove or otherwise change any portion of these Terms of Service (“Agreement”) at any time and at its sole discretion. Please review this Agreement periodically for such changes. Your continued use of the Website subsequent to the posting of changes to this Agreement means that you are in agreement with and have accepted all such changes.

Data obtained from you in connection with this SMS service may include your name, address, cell phone number, your provider's name, and the date, time, and content of your messages.  In addition to any fee of which you are notified, your provider's message and data rates may apply to our confirmation and all subsequent SMS correspondence.  All charges are billed by and payable to your mobile service provider.  We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator.  SMS message services are provided on an AS IS basis.

We may use personal information to provide the services you've requested, including services that display customized content and advertising.  We may also use personal information for auditing, research and analysis to operate and improve our technologies and services.  We may share aggregated and non personal information with third parties. When we use third parties to assist us in processing your personal information, we require that they comply with our Privacy Policy and any other appropriate confidentiality and security measures.  We may also share information with third parties in limited circumstances, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.

You may remove your information from our database. If you remove your information from our database it will no longer be used by us for secondary purposes, disclosed to third parties, or used by us or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to support@mywirelessneeds.com or by sending "STOP", "END", "QUIT" to the SMS text message you have received. 

1.      Description of Company’s Service. Company provides downloadable mobile entertainment content and information, such as ring tones, wallpapers, games, graphics, news and other information data via the internet, SMS, MMS, WAP, BREW and other means of mobile content delivery to certain compatible mobile devices (collectively, the "Service"). You acknowledge and agree that the Service is for your personal use on the mobile device designated during the Download and that you will not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Downloads. You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Downloads.

     My Wireless Needs provides daily text jokes for a monthly subscription of $9.99, message and data rates may apply (the "Service"). Charges applied monthly to your cell phone bill or prepaid balance until opt-out. You acknowledge and agree that the Service is for your personal use on the mobile device designated during the use of the Service. You agree that you may not transmit, broadcast, upload to any computer or mobile device, create derivative works of, or make commercial use of the Service, including, but not limited to, any Download(s). You may not, or attempt to (or otherwise authorize, encourage or support others" attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service, including, but not limited to, any Download(s). To opt out, text the word 'STOP' to 76910 at any time. For help text the word 'HELP' to 76910. You can also contact us at CustomerSupport@MyWirelessNeeds.com or 800-627-1310.

     Receive daily jokes delivered to your mobile phone for $9.99/mo.* (message and data rates may apply.) Maximum 31 messages per month.

     Charges applied monthly to your cell phone bill or prepaid balance until opt-out.

    Participating carriers

2.      Access To Service, Registration, and Use.

1.      Your right to access and use the Services is strictly limited to your personal, non-commercial use on a mobile communications device designated at the time of your registration with Company, and this right is not transferable by you to any other person or entity. You are only entitled to access and use the Website and the Services for lawful purposes and pursuant to the terms and conditions of this Agreement.

2.      If you opt to register for the Service on our Website, you agree to: (i) complete the registration form truthfully, accurately and completely (collectively "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services and, furthermore, that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about your account or the Service. You further agree that we, either directly or indirectly via third-party service providers, are authorized to verify such Registration Data.

3.      If you opt to register for the Service on our Website, you (i) may be required to establish an account and obtain a username and password; (ii) authorize us to process any and all account transactions initiated through the use of your username and password; (ii) will be solely responsible for maintaining the confidentiality of your username and password; (iii) will immediately notify us of any unauthorized use of your username and password; (iv) acknowledge and agree that you are solely responsible for any ad all unauthorized activities, charges and/or liabilities made through the use of your username and password; (iv) acknowledge and agree that Company will not be liable under any circumstances and for any reasons for the unauthorized use or misuse of your username and/or password. Company may need and reserves the right to change usernames allocated to certain of its Services, in which event, you will be promptly informed in writing of such change.

4.      Under certain circumstances, Company may provide you with access to some Services without you requiring you to register as a user (e.g., sign-up via SMS), in which case, your identification will be based on your mobile telephone number and any other reasonable means of identification that we deem appropriate.

5.      You are responsible for having and maintaining a subscription with a participating carrier or to otherwise have access to a mobile communications network for which Company makes the Service available as well as any carrier services necessary to download content and are responsible for the payment of any and all service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features which augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

6.      As part of its Service, Company may offer a bundle of credits for a defined number of individual Downloads on a renewable subscription basis depending on the Company’s subscription plan that you select of the plans offered by Company (each a "Subscription Plan"). To view the Subscription Plans the Company is offering to its customers, call us at (800) 215-1961 or e-mail us at support@mywirelessneeds.com. The details of each Subscription Plan are incorporated into and made a part of this Agreement by this reference.

7.      Upon your selection of a particular Subscription Plan(s), i.e., upon Company’s receipt of your request for Services under such Subscription Plan(s), Company will provided you with access to the Service. Such access may be based on a personal username, password, and/or any other data that Company deems necessary for identification purposes. Access to the Service can be provided to you, at Company’s sole discretion, by (A) delivering to you downloadable mobile entertainment content of the content category to which you subscribed, or (B) providing access to the mobile entertainment content (e.g., by enabling MSISDN for this product). The subscription period for each of your selected Subscription Plans is one (1) calendar month, commencing on the date on which access is provided to you (“Subscription Period”). The Subscription Plan will automatically renew each month for a new Subscription Period, unless or until terminated in accordance with Section 4 of this Agreement, and a new subscription fee shall become due and owing upon receipt of a subscription renewal notice (“Subscription Fee”).

3.      Company’s Subscription Plans may include a certain defined number of credits that entitle you to download, receive and/or access the Service as part of the Subscription Fee. Upon subscribing to a particular Subscription Plan, Company will transfer download credits to your account on a monthly basis in accordance with the Subscription Plan you have selected. The Subscription Fee shall become due and owing each and every month irrespective of whether or not you actually download any content during the then-current subscription period. The number of credits for downloads shall be reduced by actual downloaded mobile entertainment content, i.e., the download of mobile entertainment content is evaluated as redemption of one or more credits and thereby reduces the total number of downloadable mobile entertainment content you are entitled to download, receive and/or access during that particular subscription period. Depending on your Subscription Plan, if you do not use/redeem all your credits within the subscription period, the unused credits will either (a) be rolled over into the next subscription period and remain in your account until used/redeemed or until expiration or termination of your Subscription Plan, or (b) will expire at the end of the respective Subscription Period. If you download mobile entertainment content in excess of the amount allowed by your particular Subscription Plan, you will be prompted to purchase an additional plan and be responsible for the additional applicable monthly subscription plan fee.

4.      Termination.

1.      Cancellation of Subscription Plan(s). To cancel a Subscription Plan, please (i) send a text message with the text "STOP" to 76910 or such other number as may be designated on our Website, or (ii) call us at (800) 215-1961 or (iii) send an e-mail to support@mywirelessneeds.com. Such cancellation shall become effective at the end of the subscription period in which you gave your notice of termination to Company.

2.      Termination of this Agreement. You may terminate this Agreement at any time upon providing written notice thereof to Company, which termination shall be effective at the conclusion of the then-current Subscription Period. Except as provided in Section 4, Company may terminate this Agreement at any time upon providing you with written notice, which termination shall be effective at the conclusion of the then-current Subscription Period, unless otherwise provided in such notice. Company may terminate this Agreement immediately, without notice, if you fail to comply with any term or condition of this Agreement, in the event of which breach, termination is effective immediately. Upon a termination of this Agreement in accordance with this Section, you agree to immediately remove all downloaded mobile entertainment content from your wireless communications device. Upon termination under this Subsection, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or Subscription Plan for any reason, Company will not refund any of your fees paid to date, except as expressly provided in this Agreement.

5.      Interruptions or Discontinuation of Service. Company reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, for which you subscribe, is permanently discontinued or canceled by Company, Company will cancel your Subscription Plan and reimburse any pre-paid fees related to such Service, except for termination in the event of your breach in accordance with Section 3.

6.      Third-Party Products and Services. Company may offer, make available or provide access to products and/or services of independent third parties either directly or via links to websites operated by such third parties. If you are interested in purchasing any such products and/or services, such products and/or services shall be purchased and/or obtained by you directly from such third parties. You acknowledge and agree that COMPANY IS NOT AND SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS AND/OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS AND/OR SERVICES OF THIRD PARTIES. You have the right to opt-out of such third-party product and/or service announcements.

7.      Your Account Information. You acknowledge that Company may collect and process certain personal information (e.g., your full name, physical and/or postal address, telephone number(s) e-mail address, and/or any other contact information), financial information (e.g., credit card numbers, bank account information and/or passwords), or demographic and usage information for the proper functioning and billing of the Service (e.g., the start and end dates of your Subscription Plan(s)) in connection with the Service. By entering into this Agreement, you grant to Company the permission to pass on any such information, as described in this Section, to your cell phone service provider to secure collection of fees, and permit such information to be stored and processed in any country in which Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of the United States of America. Any such personal, financial, and demographic and usage information collected by Company shall be deleted no later than six (6) months after termination of your Subscription Plan, unless otherwise permitted or required by contract or under federal, state, or local law.

8.      Indemnification. You agree to release, indemnify, defend and hold harmless Company, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, (sub)contractors, agents, representatives, attorneys, licensors and assigns from any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your use of the Service and the breach by you of any terms and conditions set forth in this Agreement.

9.      DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES.

1.      YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY AND ALL DOWNLOADS, IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE 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. COMPANY MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2.      EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT COMPANY'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, COMPANY, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND AND NATURE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

10.  Intellectual Property Rights.

1.      Except as otherwise set forth in this Agreement, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (collectively “Intellectual Property Rights") are owned by Company, its affiliates, and/or its licensors. You agree to make no claim of ownership of or interest in any such Intellectual Property Rights and acknowledge and agree that no title to the Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

2.      You acknowledge and agree that the Downloads made available to you as part of the Service are owned by Company, its affiliates and/or its licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right and license to download and use the object code version of the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not and will not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) and the Service except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code (i.e., source code) of the mobile entertainment content downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile entertainment content downloaded on your mobile device.

11.  Miscellaneous Provisions.

1.      Notices And Announcements.

1.      Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered via nationally-recognized overnight courier or certified mail, return receipt requested to: 

1.      Company shall serve notices to you related to this Agreement by (A) posting them on the Website; (B) sending them to the postal address or e-mail address that you had provided to Company at the time of your registration or, if a new address has been sent to Company in accordance with Subsection (i) immediately above, then to such updated address; (C) text message to the mobile telephone number associated with your account.

2.      Notices sent by mail shall be deemed received seven (7) days after they were sent. Notices sent via nationally-recognized overnight carrier or posted on the Website or sent by e-mail or as a text message shall be deemed received on the business day following the day when they were posted or sent.

2.      Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision shall not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

3.      Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or verbal, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

4.      Assignment And Resale. Company may assign its rights and delegate its duties under this Agreement without the consent and without notice to you. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

5.      Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Florida , United States of America , excluding its conflict of laws rules. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

6.      Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Company. The remedies of Company under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

7.      Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

8.      Survival. In the event this Agreement expires, is cancelled or terminates in accordance with the provisions herein, Sections 8, 9, 10 and 11 of this Agreement shall survive such expiration, cancellation or termination.