The following Terms of Service “Service Agreement”, Privacy Policy, and all policies posted on our website (“streamneeds.net”) are the terms given to access and use of our website, services, applications and tools (collectively the “Stream Needs Service”). All applications made available by Stream Needs are only for use with the Stream Needs Service. By accessing or using the Stream Needs Service, you agree to be bound by this service agreement. You hereby represent and warrant to Stream Needs that you are at least 18 years of age or otherwise capable of entering into and adhering to being bound by our legal agreements. If you use the Stream Needs service on behalf of a business, you take responsibility and agree that you have the authority to bind that business and your acceptance of this service agreement. Your actions will be treated as acceptance by that business. In that event, “you” and “your” will be used to refer to that business in this service agreement. Stream Needs reserves the right and discretion to change, modify, add, or remove portions of this Service Agreement at any time by posting the amended terms to the streamneeds.net/terms. Always check our Service Agreement and Policies for changes. Continued use of the Stream Needs Services after changes are made constitutes your binding acceptance of such changes.
0. Introduction
Streamneeds.net is owned and operated by STREAM NEEDS, LLC, hereinafter referred to as (“Stream Needs”, “We”, “we”, “Our”, “our”, “Us”, “us”), a company registered in the State of Maryland.
1. Registration
To use the Stream Needs Service, you must register for an account on streamneeds.net . Upon the activation of your account you will be considered a “customer” of the Stream Needs Service (“Customer”, “You”, “you”, “Your”, “your”) with user permissions permitting the use of Stream Needs Service including the sending or receiving of gift funds. Stream Needs is not responsible for safeguarding passwords. Managers of Stream Needs user accounts are responsible for keeping their account information accurate and current. You agree to notify Stream Needs of any loss of your password or account identifiers and any unauthorized use of your password or account identifiers. You acknowledge and agree that Stream Needs is not liable for unauthorized transactions or withdrawals made from your debit card, checking or savings account, or Stream Needs account due to your failure to keep your password credentials safe. You acknowledge and agree that Stream Needs will have no responsibility or liability, directly or indirectly, for failure to deliver notices or payments that result from inaccurate account information.
2. Privacy
Stream Needs takes your privacy very seriously. We will not sell your information to third parties for marketing purposes without your consent. Your information will only be used as described in the Stream Needs Privacy policy.
3. Prohibited Uses
You hereby represent and warrant that you will not: do anything in connection with the Stream Needs Service that violates any law, regulation, treaty or third party right; publish falsehoods or misrepresentations that could damage Stream Needs or any third party; submit or create any submitted materials that are unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, harassing, hateful, racially offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or, in Stream Needs’s sole discretion, is otherwise inappropriate; impersonate another person or entity, or access the Stream Needs Service accounts of others without permission, or misrepresent the source, identity, or content of information transmitted via the Stream Needs Service; circumvent or manipulate our fee structure, the billing process, or fees owed to Stream Needs; use the Stream Needs Service for any purpose other than to access the Stream Needs Service as such Service are offered by Stream Needs; circumvent, disable or otherwise interfere with security-related features of the Stream Needs Service or features that prevent, limit or restrict use or copying of any materials or another customer’s submitted materials; rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted to you; delete indications or notices including uploading or otherwise disseminating viruses or other malicious code; take any action that imposes or may impose (in Stream Needs’s sole discretion) an unreasonable or disproportionately large load on Stream Needs’s infrastructure.
If you abuse Stream Needs policies we are authorized to limit, suspend, or terminate your Customer account(s) and access to our Stream Needs Service, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Stream Needs Service. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Stream Needs Service. Additionally, we reserve the right to refuse or terminate all or part of our Stream Needs Service to anyone for any reason at our discretion.
4. Goods and Services
We are not responsible for the quality of any goods purchased from third party sites and we are not responsible for your satisfaction with any goods purchased using gift funds sent by a user of the Stream Needs Service. A shipping charge may be added to an order to cover any shipping costs incurred from a third party retailer. All matters concerning the shipping process from those sites are solely the responsibility of that site. You hereby waive any claim you might have against Stream Needs with respect to that process. If you do have a question or a complaint, which is not related to the above, we can be contacted by e-mail at support@streamneeds.net .
5. Order Placement
Your order via our online Stream Needs Service constitutes an offer to facilitate a donation of gift funds using a third party online payment system. All orders are subject to acceptance by us. Once your order has been placed, you will receive an e-mail acknowledging your order. This e-mail is not confirmation that your order has been placed, just a confirmation that we have received it. We do not provide any personal tracking information associated with the delivery of any goods or gift funds to the sender as it may contain sensitive personal information pertaining to the recipient. You understand and agree that Stream Needs reserves the right but is not obligated to honor requests for cancellations or refunds and may deduct any fees it deems necessary prior to disbursing any returned monies to Customer.
6. Payment
6.1 Processing.
Reasonable care is taken to make sure streamneeds.net is secure. All credit/debit card transactions are processed using a third-party payment gateway. Some accounts may be subject to further verification. Furthermore, we take reasonable care, in so far as it is in our power to do so to keep the details of your order secure. Should any measure of our website security be compromised or any website vulnerability be exploited, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Stream Needs Service. Use our Stream Needs Service at your own risk.
6.2 Delivery.
You understand and agree that you are not receiving any funds from Stream Needs. You understand that we do not collect or hold any funds on your behalf. You understand and agree that you are receiving gift funds from a user of the Stream Needs Service by means of a third-party payment gateway system.
7. Release
You hereby release Stream Needs and its officers, directors, agents, subsidiaries, and employees from claims (past, present or future), demands, and damages (actual and consequential), known and unknown, of any type and nature, deriving from, or in any way, from disputed or unsuccessful transactions.
8. Indemnity
You hereby agree to indemnify, defend and hold harmless Stream Needs and its officers, directors, agents, subsidiaries, and employees harmless from any claim, proceeding or demand, including attorney fees, made by any third party due to or arising from breach of this Service Agreement, or your violation of any law or the rights of a third party.
9. Dispute Resolution
9.1 Generally.
In the interest of resolving disputes between you and Stream Needs in the most expedient and cost effective manner, you and Stream Needs agree that any and all disputes arising in connection with this Service Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Service Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Service Agreement. You understand and agree that, by entering into this Service Agreement, you and Stream Needs are each waiving the right to a trial by jury or to participate in a class action.
9.2 No class actions.
YOU AND STREAM NEEDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stream Needs agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
10. Choice of Law and Forum
This Service Agreement, whether interpreted in a court of law or in arbitration, shall be governed and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law rules. Any dispute arising out of or relating to this Service Agreement or your access or use of the Stream Needs Service will be subject to the exclusive jurisdiction of the state and federal courts located within Prince Georges County in the State of Maryland, and you hereby submit to the personal jurisdiction of such courts. YOU AND STREAM NEEDS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO STREAMNEEDS.NET MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Service Agreement. Nothing expressed or mentioned in or implied from this Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Service Agreement. This Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Stream Needs, you, and relying buyers or sellers. The availability of any Stream Needs Service on any third party site does not indicate any relationship or affiliation between Stream Needs and such site.
12. Notices
Unless explicitly stated otherwise, legal notices shall be served to the e-mail address you provide to Stream Needs. Notice shall be deemed given 24 hours after e-mail is sent, unless we are notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to the default address provided by you to Stream Needs. In such case, notice shall be deemed given three (3) days after the date of mailing.
13. Termination; Service Agreement Violations
13.1 Stream Needs.
You agree that Stream Needs may, and without penalty, suspend or terminate any account (or any part thereof) you may have on the Stream Needs Service and remove and discard all or any part of your account, Customer profile, and any Submitted Materials, at any time. Stream Needs may also in its sole discretion and at any time discontinue providing access to the Stream Needs Service, or any part thereof (including without limitation all Materials), with or without notice. You agree that any termination or suspension of your access to the Stream Needs Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Stream Needs will not be liable to you or any third party for any such termination. As discussed herein, Stream Needs does not permit copyright infringing activities on the Stream Needs Service, and shall be permitted to terminate access to the Stream Needs Service, and remove any Submitted Materials or other video content submitted by any Customers who are found to be repeat infringers.
13.2 You.
Your only remedy with respect to any dissatisfaction with (i) the Stream Needs Service, (ii) any term of this Service Agreement, (iii) any policy or practice of Stream Needs in operating the Stream Needs Service, or (iv) any content or information transmitted through the Stream Needs Service, is to terminate this Service Agreement and your account. You may terminate this Service Agreement at any time by discontinuing use of any and all parts of the Stream Needs Service and providing Stream Needs written notice at the postal or e-mail address in Section 6, below. For clarity, no fees payable by you hereunder are refundable upon termination of this Service Agreement by you.
14. General
This is the entire agreement between you and Stream Needs relating to the subject matter herein and will not be modified except by a change to this Service Agreement or Policies made by Stream Needs as set forth above. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Service Agreement. If any provision of this Service Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right but are not obligated to take action against all breaches of this Service Agreement.
Last Modified: January 30, 2024