Terms | Getmyfaves

MY FAVES APP TERMS OF USE

1. Agreement to be Bound

This mobile application (the “App”) and website (the “Site”) (the App and Software are collectively referred to herein as the “Software”) are owned and operated by or on behalf of [Sunnyside Connexions, LLC] (hereafter “MyFaves”, “we”, “us” or “our”). These Terms of Use constitute a contract between you and MyF aves.

Use of this My Faves Software constitutes the agreement of the user (hereinafter “you” or “User”) to these terms, conditions and restrictions (collectively “Terms” or “Terms of Use”) [and our Privacy Policy, which is hereby incorporated into these Terms]. If you do not agree to be bound by these Terms, you are not authorized to and should not use the Software and your sole recourse shall be to refrain from use thereof.

2. License

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to download, install, access and use the Software conditioned upon your continued acceptance of, and compliance with, these Terms of Use. You may use the Software and the Software content for your noncommercial personal use and for no other purpose. My Faves reserves the right to bar, restrict or suspend any user's access to the Software, and/or to terminate this license at any time for any reason. My Faves reserves any rights not explicitly granted in these Terms of Use. Copying or storing for other than personal use of any Software content or User Submitted Content provided by Users other than yourself is expressly prohibited without prior written permission from My Faves, or the copyright holder identified in the copyright notice contained in the specific content.

3. Restrictions

No user shall attempt to interfere with the operation of the Software in any way. You agree not to take any action that might compromise the security of the Software, render the Software inaccessible to others or otherwise cause damage to the Software or any content accessible from the Software. You agree not to use the Software in any manner that might interfere with the rights of third parties or that violates any applicable federal, state, local or international law, rules or regulations.

In addition you also agree that you will not use the Software to upload, download, post, email, transmit or otherwise make available any material: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; or (ii) that you do not have a right to make available under any law or under contractual or fiduciary relationships.

4. Ownership

The materials on or in the Software, including but not limited to text and graphics (“Content”), source code, and scripts (“Source”), as well as the color selections, organization and layout of this Software (“Look and Feel”), are copyrighted and are protected by United States and international copyright laws and treaty provisions, and at common law. No right, title or interest in any of the Content, Source, Look and Feel, or any other material contained on this Software is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from or frame in another website, use on any other website, transfer or sell any information obtained from this Software, without express written permission from MyFaves.

TRADEMARK

Trademarks used in the Software, whether registered or unregistered, are the property of My Faves or its licensors and may not be copied, reproduced or used in any way without the prior, express, written consent of My Faves.

5. Registration

In order to access certain features of the Software and to post any User Submitted Content on the Software you must register to create an account (“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. MyFaves reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 Account, whether or not you have authorized such activities or actions. You will immediately notify MyFaves of any unauthorized use of your Account.

[The Software may permit you to login or register by use of certain permitted third party social sites (“Social Login Software”)(e.g., without limitation, Facebook). By your use of Social Login Software to register or login to the Software, you acknowledge that MyFaves will extract the personal information available through such Social Login Software account for use in the creation of your Account and as otherwise permitted by the Software’s Privacy Policy. The information extracted from Social Login Software may depend upon the privacy settings associated with your account on such Social Login Software. You consent to MyFaves’s access to your Social Login Software account in conjunction with the foregoing.]

6. Privacy

See the Software’s Privacy Policy at [www.getmyfaves.com/privacy-policy/] for information concerning My Faves’s collection and use of your personal information.

7. Term and Termination

These Terms of Use will take effect at the time you download the App or begin using the Site, whichever is earlier. MyFaves reserves the right, with or without notice, at any time and for any reason to deny you access to the Software or to any portion thereof, and to terminate the granted License hereunder. The License will terminate automatically if you fail to comply with the terms set forth herein. You may terminate the License granted hereunder at any time by ceasing to use the Software, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you shall destroy all copies of any portion of the Software in your possession.

8. User Submitted Content

My Faves may, in its sole discretion, permit Users to post, upload, publish, submit or transmit materials (“User Submitted Content”). By making any User Submitted Content available through the Software, you hereby grant to MyFaves a worldwide, revocable, non-exclusive, transferable license to exercise any and all rights under copyright law, in any medium, and to authorize others to do the same, in connection with operating and providing the Software and Software content to you and to other Users, provided that the User Submitted Content is not sold for a profit.

My Faves does not claim any ownership rights in any User Submitted Content by virtue of the license granted in this section and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Submitted Content.

You acknowledge and agree that you are solely responsible for all User Submitted Content that you make available through the Software. Accordingly, YOU REPRESENT AND WARRANT THAT: (I) YOU EITHER ARE THE SOLE AND EXCLUSIVE OWNER OF ALL USER SUBMITTED CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SITE OR YOU HAVE ALL RIGHTS, LICENSES, CONSENTS AND RELEASES THAT ARE NECESSARY TO GRANT TO MYFAVES THE RIGHTS IN SUCH USER SUBMITTED CONTENT, AS CONTEMPLATED UNDER THESE TERMS; AND (II) NEITHER THE USER SUBMITTED CONTENT NOR YOUR POSTING, UPLOADING, PUBLICATION, SUBMISSION OR TRANSMITTAL OF THE USER SUBMITTED CONTENT OR OUR USE OF THE USER SUBMITTED CONTENT (OR ANY PORTION THEREOF) ON, THROUGH OR BY MEANS OF THE SITE WILL INFRINGE, MISAPPROPRIATE OR VIOLATE A THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULT IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.

My Faves retains the right, in its sole discretion, to remove any content, including User Submitted Content, for any reason, including but not limited to, that it deems such content to be threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. My Faves also retains the right to ban or block, without notice, a User from posting on or by use of the Software for a pattern of inappropriate postings or as My Faves otherwise deems necessary.

9. Indemnification

To the fullest extent permitted by law, you agree to and shall defend, indemnify, and hold harmless My Faves Parties (as defined herein) from and against all claims asserted against the MyFaves Parties arising from or in any way related to your use of the Software, Software content, submission of User Submitted Content, a violation by you of these Terms of Use, including but not limited to a breach of your warranties or representations, or any other actions connected with your use of the Software, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees. The My Faves Parties will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the MyFaves Parties other than under this section.

10. Third Party Links/Advertisements

The Software may provide links (including any link through an on-line advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which MyFaves exercises no control. The appearance of any such third party links or advertisements is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to by the Software, you do so entirely at your own risk. MyFaves shall not be responsible or liable for the statements or conduct of any third party advertisers or operator of third party websites.

11. Copyright Policy

My Faves respects copyright law and expects its users to do the same. My Faves, in its sole discretion, may terminate, in appropriate circumstances, users or other account holders who intentionally or repeatedly infringe, or are believed to be intentionally or repeatedly infringing the rights of copyright holders.

If you believe that content residing or accessible on the Software infringes a copyright that you own, please send a copyright takedown notice containing the following information to the Designated Agent at the address below:

Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that My Faves is capable of finding and verifying its existence.
Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
The Notifying Party's physical or electronic signature.

A user who believes they are the wrongful subject of a copyright takedown notice may file a counter notification with My Faves by providing the following items in writing to the Designated Agent at the address below:

The specific URLs of material that My Faves has removed or to which My Faves has disabled access.
User’s name, address, telephone number, and email address.
A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which your address is located (or LEHIGH COUNTY, Pennsylvania if your address is outside of the United States), and that user will accept service of process from the person who provided notification under this section or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
User’s signature.

Designated Agent:

Attn: Copyright Agent
Sunnyside Connexions, LLC

Email: info@getmyfaves.com

12. Warranties Disclaimed

THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER MYFAVES, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR MEMBERS, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "MYFAVES PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR ITS CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) SITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

13. Limitation of Liability

THE MYFAVES PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR ANY SITE CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITE AND/OR SITE CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (vii) FROM ANY DELAY OR FAILURE OF THE SITE ARISING OUT OF CAUSES BEYOND MYFAVES’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE SITE CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITE OR SITE CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITE AND/OR THE SITE CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT MYFAVES HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

14. Exclusions Permitted by Law

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THE PREVIOUS SECTIONS “WARRANTIES DISCLAIMED” AND “LIMITATION OF LIABILITY” WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND MYFAVES'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Governing Law

These terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the laws of the United States, without giving effect to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms or the Website that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the Commonwealth of Pennsylvania, Montgomery County, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Changes to these Terms

MyFaves reserves the right to update or modify these Terms at any time without prior notice. Your use of the Software following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, you should review these Terms whenever you use this Software.

17. Waiver and Severability

The failure of MyFaves to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

18. Complete Agreement

These Terms of Use, together with MyFaves.app’s Privacy Policy, any revision, and any additional terms or conditions incorporated by reference constitutes the entire agreement between you and MyFaves the relating to the Software and its use by you, and supersedes any previous written or oral communication regarding use of the Software.