Soulize Greetings

Terms of Use Agreement

Read These Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on August 22, 2007.

This Terms of Use Agreement sets forth the standards of use of Soulize Greetings.com Online Service. The term "Soulize Greetings.com" used in these terms of use means Soulize Greetings.com, Soulize Greetings, and Businessvideogreetings.com. By using the Soulize Greetings.com website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Soulize Greetings.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Soulize Greetings.com is providing you with video greeting card products and/or services. You must provide (1) all equipment necessary for your own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees relate with such connection.

DVD Business Video Greeting Card

CUSTOMER REPRESENTATION AND RESPONSIBILITIES

When submitting your own video to be included in a DVD Business Video Greeting Card, form Indemnification Agreement Letter must be filled out, signed and given to us. Video submitted for duplication/replication must not be copyrighted by a third party.   Client warrants that they are the owner, the authorized agent of the owner, or the licensee of all contents and material provided to Soulize Greetings.com. Client agrees to indemnify, defend, protect and hold Soulize Greetings.com harmless against any damage, fine, loss, penalty, liability or claim(s) that may arise from the duplication, replication and/or distribution of the material, including, but not limited to, claims for copyright infringement and/or royalties, including all legal expenses and disbursements incurred by Soulize Greetings.com in contesting the same at pretrial, with that claim. Upon request client agrees to provide Soulize Greetings.com all necessary documentation for a supplied data source, including all pertinent copyright and licensing information.

Soulize Greetings.com does not duplicate and/or replicate any video that is deemed “offensive” by us.

Liability Limitations

Soulize Greetings.com will duplicate client master material “as is”. We do not check for errors. Therefore, Soulize Greetings.com is not liable for any defects and/or deficiencies on replicated and/or duplicated DVDs originating from the client master or changes made by us requested by client. Soulize Greetings.com recommends that client provides a sub-master for duplication and/or replication rather than the original master. If video is sent via email as oppose to mailing a master, Soulize Greetings duplicates and/or replicates video “as is’, video sent via email may lose its quality. Soulize Greetings is not liable for any defects and/or deficiencies on replicated and/or duplicated DVDs originating from client’s video sent via email.

Business Video Greeting Cards are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. Video greeting cards shall remain the sole and exclusive property of Soulize Greetings. Under no circumstance can a video greeting card be duplicated or replicated without the written permission of Soulize Greetings.

Cancellation

If an order is cancelled by client prior, during or following completion of the project, client is liable for all costs incurred through the day of cancellation.

Virtual Business Video Greeting Card

Soulize Greetings will provide image and javascript code for client to allow visitors to access video greeting card via the Internet. Client may place image and code in their own company website(s), company emails, company online newsletter and/or company Intranet. No other place is allowed without the prior written permission of Soulize Greetings.

Email

Soulize Greetings Business Video Greeting Cards can only be used in solicited emails. Our cards
cannot be used in unsolicited emails, also referred to as spam. You agree to only send Business Video Greeting Cards from permission based lists. List purchased from companies providing a list of email addresses does not constitute consent. You cannot email Business Video Greeting Cards to newsgroups, distribution lists or spam email addresses.

Soulize Greetings cannot be used for unlawful purposes.

Payment

Fixed Payment. Client prepays for a specific amount of views.   Client authorizes Company to automatically charge its credit card for the specified amount of views indicated by Client.

Client is charged per view of video greeting card. If a visitor views the card more than once, client will only be charged once per visit (applies only to non-commercial IP addresses). If views are generated from a commercial IP address, client is charged per view in excess of 10 views.   A weekly report will be emailed to client.

Client will have access to the Business Video Greeting Card until the specified amount of views have been fulfilled. Once the amounts of views have been fulfilled, client must renew account for another specified amount of views or remove image and codes from website, online newsletter, etc…

Unused views

If a client does not receive all the views paid for in a reasonable amount of time specified by client, a credit will be given. Such credit can be used for other products and/or services within Soulize Greetings. No refunds are given.

2. Disclaimer of Warranties.

The site is provided by Soulize Greetings.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Soulize Greetings.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Soulize Greetings.com shall have no liability for any interruptions in the use of this Website. Soulize Greetings.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

SOULIZE GREETINGS.COM SHALL NOT be liable for any damages whatsoever, and in particular SOULIZE GREETINGS.COM shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SOULIZE GREETINGS.COM has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.

5. Governing Jurisdiction of the Courts of Virginia

Our website is operated and provided in the State of Virginia. As such, we are subject to the laws of the State of Virginia, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Virginia.

6. Compliance with Laws.

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

7. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Soulize Greetings.com, will all rights reserved, or is the property of Soulize Greetings.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Soulize Greetings.com is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Soulize Greeting.

Soulize Greeting.com™ and Soulize Greeting™ are proprietary marks of Soulize Greetings.com. Soulize Greeting.com’s trademarks may not be used in connection with any product or service that is not provided by Soulize Greeting.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Soulize Greetings.com.

All other trademarks displayed on Soulize Greeting.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Soulize Greeting.com.

8. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Soulize Greetings.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. Copyright Agent By Email: