General
Welcome to the HD Greetings.com website (the "Site")! PLEASE READ THESE TERMS OF USE (the "Terms of Use") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE, OR CONTRIBUTING ANY CONTENT, INCLUDING ANIMATION, VIDEO, MUSIC AND WRITTEN CONTENT ("Artist Submissions"). By using and/or visiting the site, you signify your agreement to these Terms of Use and incorporated here by reference. If you do not agree to any of these Terms of Use, please do not use the Site. These Terms of Use may be modified or updated from time to time without notice to you, and you agree to be bound by such modifications or updates. Therefore, you should periodically review the most up-to-date version on the Site. Any aspect of the Site may be modified or discontinued at any time in the sole discretion of HD Greetings.
Use of the Site
A. You are hereby granted a limited license to use and access the Site and use the HD Greetings "Widgets" that are available through the Site, subject to the these Terms of Use.
B. You agree not to access Artist Submissions or any content on the Site through any technology or means other than the ecard sample, preview or playback pages of the Site itself, the HD Greetings Widgets, or other explicitly authorized means HD Greetings may designate.
C. You agree not to modify the Site or any part thereto, including but not limited to HD Greetings' Widgets or the technology related to or embodied therein.
D. Except as to the "Share" functions of the Site, you may not distribute the Site or any part, in any medium, known or unknown, including but not limited to Artist Submissions, without HD Greetings' prior written authorization.
E. You agree not to use the Site, including the HD Greetings Widgets for any commercial use, without the prior written authorization of HD Greetings. You are authorized to use the Widgets to show HD Greetings cards on an ad-enabled blog or website, provided the primary purpose of using the Widgets is not to gain advertising revenue or compete with HD Greetings. If you use the HD Greetings Widgets on your website, you must include a prominent link back to the Site on the pages containing the Widgets and you may not modify, build upon, or block any portion of the Widgets in any way.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the HD Greetings servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, HD Greetings grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. HD Greetings reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site.
H. Your use of the Site must comply with all applicable local, national, and international laws and regulations.
Intellectual Property Rights
The content on the Site, including all Artist Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, animation and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HD Greetings. Content on the Site is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without HD Greetings' prior written consent. HD Greetings reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
Copyright and Content Policy
HD Greetings respects the intellectual property rights of others, and requests you to do the same. HD Greetings does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and HD Greetings will remove all Content if properly notified that such Content infringes on another's intellectual property rights. HD Greetings reserves the right to remove Content without prior notice. HD Greetings may remove such Content at any time, without prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide HD Greetings' the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. a description of where the material that you claim is infringing is located on the Site, including the URL;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The above information may be sent by email to copyrightagent@hdgreetings.com, or by postal mail to: HD Greetings LLC, 700 Airport Blvd #470, Burlingame, CA 94010, Attn: Copyright Agent.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HD GREETINGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. HD GREETINGS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE SITE. HD GREETINGS DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY ADVERTISING, AND HD GREETINGS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL HD GREETINGS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HD GREETINGS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HD GREETINGS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity
You agree to defend, indemnify and hold harmless HD Greetings, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to your Artist Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your Artist Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
Privacy; Third Party Sites
HD Greetings respects the privacy of its users and others. Please see HD Greetings' privacy policy at www.hdgreetings.com/privacy.aspx, which are made a part of, and incorporated by reference into, these Terms of Use. The Site may contain links to third party websites that are not owned or controlled by HD Greetings. Use of such third party websites may be subject to their terms of use and privacy policies. HD Greetings has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Site, you expressly relieve HD Greetings from any and all liability arising from your use of any third-party website.
Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms of Use, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site - there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HD Greetings without restriction.
General
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. These Terms of Use shall be governed by the laws of the State of California, without respect to conflict of laws principles. Any controversy arising out of or in connection with use of the Site or these Terms, their validity or effect, will be conclusively determined by arbitration in the City of Los Angeles in accordance with the rules of the American Arbitration Association; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the Internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by these Terms of Use. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys' fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance. These Terms of Use, together with the Privacy Policy at http://www.HD Greetings.com/privacy and any other legal notices published by HD Greetings on the Site, shall constitute the entire agreement between you and HD Greetings concerning the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and HD Greetings' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. HD Greetings reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
Contact Information
If you have questions or concerns regarding this Terms of Use or any support questions, you should contact us.
If you actually read through this entire page, we commend you and apologize for taking away those precious moments of your life.
Thanks for helping us to make HD Greetings and safe a reliable service.