Welcome to VIDiGREET's lengthy but necessary (so our lawyers tell us) Terms of Service, which may be updated by us from time to time without notice to you. The following is a legal agreement between VIDiGREET, Inc. and you, the user of this Site.

By accessing, browsing and/or using this Web site (the "Site"), you acknowledge that you have read, understand, and agree to be bound to these Terms of Service ("Terms") and you agree to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.

Your Use of the Site

VIDiGREET hereby grants you a limited license to use the materials on this Site (collectively the "Materials") and the services we offer on the Site (the "Services") solely for your personal, non-commercial use and solely and solely in connection with the services provided by VIDiGREET, subject to these Terms of Service. The design and layout of the Site are specifically excluded from the Materials. Framing of the Site or Materials, direct linking of any of the Materials, or any copying or posting of Materials on other Web sites is strictly prohibited.

The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by Vidgreet or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of VIDiGREET or any third party.

Copyright Information

All of the Material available on the Site is copyright © 2008, VIDiGREET, Inc. or used under license.

Trademarks

VIDiGREET™, the VIDiGREET logo and other VIDiGREET logos and product and service names are trademarks or service marks of VIDiGREET, Inc. You agree not to use our trademarks or service marks without our written permission. Use of VIDiGREET trademarks as meta-tags for search engines is strictly prohibited. All rights reserved./p>

User Name and Password

You will receive a user name and password upon completing our registration process. You are responsible for maintaining the confidentiality of your user name and password and account and are fully responsible for all activities that occur under your user name name or password. You agree to (a) immediately notify VIDiGREET of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. VIDiGREET cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Acceptable Use Policy

VIDiGREET has adopted the following Acceptable Use Policy in order to assure that its video greetings are used in a lawful and appropriate manner. While VIDiGREET does not ordinarily monitor the content of users' video greeting messages or attachments, it reserves the right to investigate reports of misuse of the Site and the Services and to protect its property and assets. The following conduct is prohibited on the Site and our Services:

• sending harassing, abusive, or threatening messages;
• sending obscene or pornographic messages or images;
• sending defamatory or libelous messages;
• sending viruses or other harmful, disruptive, or destructive files;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
• attempting to conceal or misrepresent the identity of the sender.
• sending harassing, abusive, or threatening messages;
• sending obscene or pornographic messages or images;
• upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• sending viruses or other harmful, disruptive, or destructive files;
• attempting to steal passwords or credit card information;
• sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a VIDiGREET official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through our Services;
• upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Attempt to gain unauthorized access to the Site or our Services, other accounts, computer systems or networks connected to the Site, through password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the Site or our Services, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Site or our Services.
• Reformat or frame any portion of the web pages that are part of the Site or our services.
• Interfere with another member's use and enjoyment of the Site or our Services.
• Harvest or collect email addresses or other contact information of members, including usernames, from the Site by electronic or other means.
• "stalk" or otherwise harass another person;
• intentionally or unintentionally violate any applicable local, state, national or international law; and/or
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above

Violations of VIDiGREET's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional video greetings on our Services. If the sender is a member of VIDiGREET's subscription service, VIDiGREET may disable the sender's account without compensation or refund. VIDIGREET RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING VIDEO GREETINGS RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY VIDIGREET TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Spam

You may not use this Site to send video greetings to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. VIDiGREET reserves the right to limit, in its sole discretion and without prior notice to you, the number of video greetings or messages that you may send using the Site and/or the number of recipients to which you send such video greetings or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

Links and Advertisements

VIDiGREET may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH VIDIGREET. VIDIGREET MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. VIDIGREET WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY VIDIGREET ADVERTISER OR ANY OTHER WEB SITE OR SERVICE LINKED FROM OR TO OUR SITE. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

There may be circumstances where access to this Site is provided by a link located at another Web site. Neither VIDiGREET nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither VIDiGREET nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither VIDiGREET nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

Creating Your Own Video, Audio, Photo and/or Image Additions to Video Greetings

VIDiGREET may allow you to enhance your video greetings by uploading your own videos, audio, photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload videos, audio, photos and/or images ("User Content") to the Site you are indicating that you own the all the User Content and/or have full rights to use it in connection with our service.

With respect to User Content you upload, you grant VIDiGREET you hereby grant VIDiGREET, a perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed. Without limiting the foregoing, you grant VIDiGREET the right to use your User Content in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

You acknowledge that VIDiGREET may or may not pre-screen User Content, but that VIDiGREET and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, edit, modify, refuse, or move any User Content that is available via our services. Without limiting the foregoing, VIDiGREET and its designees shall have the right to remove or refuse to transmit any Content that violates these Terms or is otherwise objectionable.

You acknowledge, consent and agree that VIDiGREET may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of VIDiGREET, its users and the public.

You understand that the technical processing and transmission of our services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that Site and our Services and software we use may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by VIDiGREET and/or content providers who provide content to us. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on our services, in whole or in part, is strictly prohibited.

Contests

From time to time, VIDiGREET may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. VIDiGREET does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation shall be governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of VIDiGREET and you hereby consent to receive special promotions and offers from VIDiGREET and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give VIDiGREET permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote VIDiGREET, its products and services, and no additional consideration shall be paid for such rights.

Third Party Materials

VIDiGREET does not control User Content or other Materials posted by affiliates or other third parties and, as such, does not guarantee the accuracy, integrity or quality of such Materials. You understand that by using The Site or our Services, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will VIDiGREET be liable in any way for any Materials, including, but not limited to, any errors or omissions in any Materials, or any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted or otherwise made available via the Site or our Services.

Warranty Restriction; Limitation of Liability

THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. VIDIGREET IS NOT RESPONSIBLE FOR ANY FAILURE OF VIDEO GREETINGS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER VIDIGREET NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF VIDIGREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT VIDIGREET AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER VIDIGREET NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS VIDIGREET AND ITS AFFILIATES AND PARTIES WITH WHOM VIDIGREET HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

International Use

Neither VIDiGREET nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification

You hereby indemnify, defend and hold harmless VIDiGREET and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. VIDiGREET reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement by VIDiGREET

In the event VIDiGREET determines, in its sole discretion, that you have violated these Terms, VIDiGREET shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of video greetings from our Site, and/or pursue any other remedies available to it under applicable law.

Governing Law

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising between you and VIDiGREET will be submitted to binding arbitration in California in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.

Updates to Terms

VIDiGREET shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

Privacy Policy

The terms of our Privacy Policy can be found by clicking here.

Enitre Agreeement

These Terms and our Privacy Policy constitute the entire agreement between you and VIDiGREET governong your use of the Site and our video greetings service, superseding any prior agreements between you and VIDiGREET. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other VIDiGREET products or services, or products or services offered by VIDiGREET affiliates, or participate in contests or pormotions.

Digital Millennium Copyright Act Notices

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to VIDiGREET's Designated Agent.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. VIDiGREET respects the intellectual property rights of others and will terminate any user's access to the Site and our service according to these terms of use if VIDiGREET is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification ("Notice") with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:

(i) statement that you have identified material on our services which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Site or on our services (including a URL and/or screen shot if applicable); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.

Once you have completed the Notice, having included all of the information set out above, please send it to:

Copyright Agent

c/o VIDiGREET, Inc.
16501 Ventura Blvd.
Suite 304
Encino, CA 91436