Extended Terms of Service
The following is a legal agreement between you (User) and GreetingPIX.com.
All information gathered on this site is confidential. In browsing or using this website you agree that you have read, understood, and agreed to the following terms and conditions and are bound by this Agreement in its entirety.
The following Terms of Service apply when you use the GreetingPIX website, GreetingPIX mobile application, and any other products and services owned, operated or hosted by GreetingPIX.com and/or its corporate affiliates.
GreetingPIX.com is a trade name of a Colorado corporation (Dennis Green Design Group, Ltd. ) that creates, produces, and distributes entertainment content to the general public via the GreetingPIX website and the GreetingPIX services.
Definitions
“Agreement” means this Terms of Service document in its entirety.
“GreetingPIX” is a trade name owned by Dennis Green Design Group, a Colorado corporation.
“GPTS” means GreetingPIX Terms of Service Agreement in its entirety.
“Materials” means the video greeting cards and all their components including images, music, sound clips, and text on the Site.
“Member” means any person who has purchased the right to use the features of the Site and send video greeting cards through their personal email in accordance with the type of membership purchased.
“Site” means the website www.GreetingPIX.com and its mobile application.
“Submissions” means comments, photos, videos, blog entries, feedback, suggestions, surveys, contest entries, votes, or any other written work you submit or post to the Site.
“Video Greeting Cards” or “Video E-Cards” or “E-Cards” means electronic greeting cards available on the Site that can be previewed for free and subsequently downloaded through membership or special free promotions offered by GreetingPIX.
“Visitor” or “Brower,” or “Non-Member” means someone who browses the Site and previews the e-cards on the GreetingPIX website without becoming a Member.
“You” and “Your” means any person accessing the Site, including Members.
CONDITIONS FOR USING THE SITE
Ownership of Content and Proprietary Rights
Our Limited License to You
The Materials on this website are owned and controlled by GreetingPIX or the parties credited in the copyright notices within the Materials and are protected under U.S. and international trademark law. Use of any of these marks without prior written permission from GreetingPIX is strictly prohibited. You agree to follow all the additional copyright restrictions contained in any Materials accessed through the Site. You may not modify, copy, publish, transmit, try to transfer or sell, reproduce, create new works from, distribute, perform, display, upload, post, translate, or exploit in any way, any of the Materials in whole or in part except as otherwise provided for in this Agreement.
GreetingPIX may in its sole discretion from time to time create and publish electronic video cards that may be viewed, sent by e-mail to third parties, or downloaded from the Site for your personal, noncommercial use as long as you keep all copyright and proprietary notices intact. GreetingPIX may further determine that certain of these electronic video greeting cards are exclusively for the use of Members and not available to Visitors/Non-Members.
GreetingPIX may further change from time to time in its sole discretion the Materials and other features of the Site available to Members and Visitors/Non-Members.
Your License to Us
When you post or submit any material on/to GreetingPIX.com (including, without limitation, comments, photos, videos, blog entries, feedback, suggestions—collectively called Submissions) to us via the Site, you are representing that:
You are thirteen years of age or older.
You warrant that you own the material or have the express written permission of the owner to post your Submission, or represent that you otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the material contained in your Submission.
GreetingPIX does not claim ownership of the materials (including feedback and suggestions) you provide, post, upload, input, or submit to any GreetingPIX Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions, you are granting GreetingPIX, its affiliated companies and necessary sublicensees, perpetual, royalty-free, irrevocable, non-exclusive, unrestricted worldwide license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, sell, exploit, translate, and reformat your Submissions as GreetingPIX deems appropriate; and to publish your name in connection with your Submissions.
No compensation will be paid with respect to the use of your Submission, as provided herein. GreetingPIX is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GreetingPIX’s sole discretion.
Limitations on Linking and Framing
You may create a hypertext link from your own website to the GreetingPIX Site provided that you do not frame, create a browser, or create a border environment around any of the GreetingPIX Materials on the linked GreetingPIX Site or otherwise mirror any part of the linked GreetingPIX site.
You must not state or imply that the linked GreetingPIX Site and its owners and/or any of its Licensors/Suppliers endorse or sponsor you, your site, or any product or service offered by you, unless expressly authorized in writing by GreetingPIX and/or its Licensors/Suppliers.
You must not disparage, tarnish, or present false information about GreetingPIX or otherwise, in GreetingPIX’s sole opinion, harm GreetingPIX and/or any of its Licensors/Suppliers in any way.
By linking to the GreetingPIX website, you agree to be bound by and comply with all of the above linking restrictions and requirements.
GreetingPIX reserves the right to prohibit and deny your linking to its Site for any reason in its sole discretion, even if the linking complies with all of the restrictions and requirements described above.
Performance of GreetingPIX
You acknowledge and agree that the operation of the GreetingPIX site may sometimes encounter technical or other problems and may not continue uninterrupted or without technical or other problems, and you acknowledge and agree that GreetingPIX shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuation of the GreetingPIX service. The GreetingPIX site may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the GreetingPIX services.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED OR AVAILABLE THROUGH THE GREETINGPIX WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GREETINGPIX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GREETINGPIX WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE GREETINGPIX WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GREETINGPIX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GREETINGPIX WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GREETINGPIX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GREETINGPIX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GREETINGPIX WEBSITE, WITH THE DELAY OR INABILITY TO USE THE GREETINGPIX WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GREETINGPIX WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GREETINGPIX WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GREETINGPIX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMItATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GREETINGPIX WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GREETINGPIX WEBSITE.
USER CONDUCT
The GreetingPIX website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, pornographic, indecent or unlawful topic, name, material or information.
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Upload files that contain software or other material protected by intellectual property laws (or by right of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents.
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Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or that of GreetingPIX.
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Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes, or chain letters.
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Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or souce of software or other material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication Services.
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Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
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Violate any applicable laws or regulations at the local, state, national or international levels.
GreetingPIx has no obligation to monitor the Communication Services. However, GreetingPIX reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GreetingPIX reserves the right to terminate our access to any or all of the Communication Services at any time without notice for any reason whatsoever.
GreetingPIX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refust to post, or to remove any information or materials, in whole or in part, in GreetingPIX’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GreetingPIX does not control or endorse the content, messages or information found in any Communication Service, and, therefore, GreetingPIX specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Under no circumstance will GreetingPIX, its affiliates, suppliers or agents be liable for any loss or damage caused by your dependence on information obtained through this Communication Service. The opinions expressed by Users are solely their opinions and do not reflect the opinions of GreetingPIX or any of its affiliates. Managers and hosts are not authorized GreetingPIX spokespersons, and their views do not necessarily reflect those of GreetingPIX.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the material.
LINKS TO THIRD PARTY SITES
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the GreetingPIX website, you warrant to GreetingPIX that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the GreetingPIX website or interfere with any other party’s use and enjoyment of the Site. You many not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Site.
COPYRIGHT AND TRADEMARK NOTICES:
Except where noted, all contents of the GreetingPIX website are: © 2014 GreetingPIX and/or its suppliers. All rights reserved.
TERMS OF MEMBER AGREEMENT
These terms apply to you only if you choose to become a Member by purchasing a license to use and send our GreetingPIX e-cards.
These terms are in addition to the Conditions of Using the Site and nothing in these Terms overrides or replaces any of the other Conditions contained in this Agreement.
GreetingPIX hereby grants you a limited license to use GreetingPIX e-cards and other features of the Site, as are from time to time determined at the sole discretion of GreetingPIX, to be available for Members only.
You accept that the Site is reliant on the work of two creative partners, and on the continued ability of those two people to continue working. Your purchasing of a membership license does not commit GreetingPIX to the future maintenance or availability of the Site nor to the release of further e-greeting cards and other Materials.
GreetingPIX assumes no responsibility for your deletion or failure to store GreetingPIX transmissions.
As a Member, you are solely responsible for the contents of your transmissions through this Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations.
GreetingPIX may from time to time in its sole discretion modify the list of e-greeting cards and other features of the Site that are available exclusively to Members. GreetingPIX may also change, suspend, or close the Site, or any part or feature of the Site or restrict access to parts or the whole if the Site, without notice or liability.
GreetingPIX may modify this Agreement at any time by updating these pages. By becoming a Member, you agree to be bound by any such revisions, and you should periodically visit the Site to determine the Terms to which you are bound. If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you should cancel your Membership. Your continued use of the site now, or following the posting of any changes to this Agreement, will indicate your acceptance of such changes.
Membership Payment Processing
You must pay a membership fee in order to become a Member. For current rates, go to the “Become a Member” section of the GreetingPIX website. You may pay for your membership with credit card or by using your PayPal account. If you do not have a PayPal account, you can choose to open one and then purchase a GreetingPIX membership once your PayPal account is active. Your membership will be activated as soon as GreetingPIX receives your payment from PayPal. GreetingPIX will not be liable for any additional fees you incur that result directly or indirectly from charges to your PayPal account.
If you wish to renew, prices for renewal are the same as prices for new Members on the date of your application for renewal.
Registration
In order to gain access to certain areas of the Site such as comment areas, surveys, chat rooms and bulletin boards, you may be asked to register with GreetingPIX on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You must guarantee that the information that you give about yourself is correct, true, current, and valid. If for any reason, GreetingPIX has grounds to suspect that such information is untrue, incomplete, or inaccurate, GreetingPIX has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide as part of the registration process to GreetingPIX is governed by the terms of our Privacy Policy.
Passwords
To use certain features of the Site, you will need a password, which you will receive through the Site’s Member registration process. If you allow someone else to use your assigned password, the ID shall be deemed to be authorized by you to access and use the Site, and GreetingPIX shall have no obligation to investigate the authorization or source of any such access or use.
You are solely and full responsible for maintaining the confidentiality of your password and are solely and fully responsible for all activities that occur under your GreetingPIX account.
If you change your email address, you must notify GreetingPIX.com through the Change of Address process available on the Site.
You must ensure that you exit from your account at the end of each session You agree to let GreetingPIX know immediately by email of any unauthorized use of your email and password or any other breach of security. GreetingPIX cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Membership Cancellation
You may cancel your membership license at any time with the understanding that there is no expectation that a portion of your membership fee will be refunded. Unless terminated beforehand, your license will end on a date determined by GreetingPIX according to the amount of the fee paid by you in accordance with the price list published on the Site when you joined.
Should your membership be cancelled or terminated, or the Site closed for any reason whatsoever, refunds will be given sole at the discretion of GreetingPIX.
USER DISPUTES
You are solely responsible for your interactions with other Users. GreetingPIX reserves the right, but has no obligation, to monitor disputes between you and other Users.
SYSTEM REQUIREMENTS
When you use certain areas of the Site, you are required to have Internet access, a valid email account, audio manager software, and a compatible player device for viewing audio-visual files. GreetingPIX may, at any time and from time to time, at its sole discretion, modify, revise, or otherwise change the system requirements for the Site and the format of any content, in whole or in part, without notice or liability to you.
Your ability to use the Site may be affected by the performance of the Software, the viewing device you use, or your Internet connection. Fees may result in addition to any fees incurred on the Site when the Internet access, use of the Software, or content is changed. Software and player devices may require you to obtain updates or upgrades from time to time. You agree that it is your sole responsibility to comply with the system requirements of your Software and player devices, including the payment of all Internet access, Software, and device fees without recourse to GreetingPIX.
MATURE CONTENT
Some of the GreetingPIX e-cards are intended for a mature audience. Users who are uncomfortable with such topics or language should not use our Site.
GOVERNING LAW, VENUE AND JURISDICTION
You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Service, and any dispute of any sort that might arise between you and GreetingPIX or any of our affiliates. With respect to any disputes or claims not subject to arbitration (described below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver County, Colorado, and both you and GreetingPIX irrevocably consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in the Denver County, Colorado.
ARBITRATION
You and GreetingPIX agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Service or the sale of any product or service by GreetingPIX shall be final and binding arbitration, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
The American Arbitration Association (“AAA”) will conduct the arbitration under this Agreement under its Commercial Arbitration Rules, and in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes. The locale of the arbitration and the costs and fees for such arbitration will follow the AAA Rules collectively and shall be governed by the limitations provided for in the AAA Consumer Rules when dealing with consumer disputes. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these terms of sale shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the site or any GreetingPIX product or services, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to any products or services purchased by you on or through the GreetingPIX Site be instituted more than one (1) year after the cause of action arose.
ASSIGNMENT
GreetingPIX shall have the right to assign this Agreement in whole or in part to any person or business entity. You may not assign your user’s rights or delegate your User’s obligations under this Agreement without the prior written consent of GreetingPIX.
NOTICES
All notices, requests and other communications (“Communications”) under this Agreement must be sent via email to GreetingPIX@gmail.com.
STATUTE OF LIMITATIONS