The Greeting Company Terms of Service

The Greeting Company – (“TGC”)

Terms of Service

When using TGC, you agree to the following terms and conditions (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular services offered by TGC, you shall be subject to any posted guidelines applicable to such services, including the any applicable sweepstakes rules and any terms or conditions applicable to TGC’s services are provided in conjunction with any of TGC's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not sign up for a free to become a member of TGC. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of TGC service following the posting of changes to these terms (including The Greeting Company's Forum Guidelines) will mean you accept those changes.

Overview

TGC is a multi-purpose service which allows you to use or access a wealth of on-line greeting telephony products and services, including e-mail, search services, and bulletin boards of future products, shopping services, news, credit card, credits of greetings on accounts information and a broad range of other content (collectively the "The Greeting Company Service"). These Terms of Service apply to TGC service as well as any new products or services that we may add in the future (unless stated otherwise).

TGC is a unique Internet and Telephony service that allows customers to visit our website, join as a Member (using Visa, MC, AmEx, Discover) and complete a very brief web-based questionnaire to choose from our ever-growing library of original recordings that can be sent as customized, name-specific telephone Greetings for life events - by telephone; Birthdays, Anniversaries, Graduations, Baptisms, Bar and Bat Mitzvahs, First Communions, Job Promotions, Insults and Snappy Comebacks and more. Other categories of available messages include: Messages of Faith and Inspiration; Humorous messages for St. Patrick’s Day, Valentines Day, New Year’s Eve, Job-Well-Done, ending of relationships, “go away”, and a variety of others.

For Corporate: Date, Name and Occasion-specific, musical and customized Telephone Greetings are a unique and fun way to outsource Business-to-Client advertising in a remarkably personal way. Names, occasions and telephone numbers are uploaded directly from a practice’s generic files. If desired, TGC can send e-mail reminders at regular intervals and allow offices to add or delete names as required. It frees office staff time and with Interactive Voice Broadcasting (IVR) allows call recipients to touch a single number on their phone to confirm receipt, repeat the message or directly contact the office that called them.

General Terms of Service and Restrictions on Use of Materials

By using TGC service, you agree to be legally bound and to abide by the “Terms of Service,” just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, TGC reserves the right to terminate your access TGC. TGC may discontinue or alter any aspect of TGC service, including, but not limited to, (i) restricting the time TGC service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use TGC service, at TGC's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to TGC service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access TGC service. You further certify that you are an individual.

In order to permit TGC to protect the quality of its products and services, you hereby consent to TGC employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that TGC service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. and Canadian copyright laws, and TGC owns a copyright in the selection, coordination, arrangement and enhancement of such Content. TGC name and logo are exclusively licensed to TGC. All other trademarks appearing on TGC service are trademarks of their respective owners. TGC's partners may also have additional proprietary rights in the content which they make available through TGC service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by TGC, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by TGC. TGC does not transfer title to the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-readable form.

Registration

If you elect to register to use TGC service and/or participate in any sales, or promotions, contest, or other services offered by TGC you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by TGC service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or TGC has reasonable grounds to suspect that such is the case, TGC has the right to suspend or terminate your account and refuse any and all current or future use of TGC service (or any portion thereof).

The Greeting Company's Privacy Policy

Pursuant to TGC's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the “Terms of Service.” For more information, please see our full Privacy Policy.

TGC cannot guarantee the intended “recipient” will receive on-line telephony greeting(s) if multiple users have access to contact information provided.

Community Standards and Conduct in The Greeting Company Forums

You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you post, email or otherwise transmit via TGC service. TGC does not control all of the content posted via TGC service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using TGC service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will TGC be liable in any way for any content, including, but not limited to, for 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 posted, emailed or otherwise transmitted via TGC service.

You agree to not use TGC service to:

upload, post, email or otherwise transmit 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;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a TGC official, forum leader, guide or host, 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 content transmitted through the service;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer telephony software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of TGC service or and TGC Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt TGC service or servers or networks connected to TGC service, or disobey any requirements, procedures, policies or regulations of on-line and telephony networks connected to TGC service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the Toronto Stock Exchange, the Toronto Venture Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another member or user of TGC service; or
collect or store personal data about other users, or members.

A "Forum" refers to telephony greetings by way of messages, "instant messaging" or virtual community offered as part of TGC service. TGC also provides its users with access to e-mail. The Forums and e-mail shall be used only in a noncommercial manner. You shall not, without TGC’s express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member(s) e-mail unless required in the course of normal maintenance of TGC service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on TGC; (2) protect and defend the rights or property of TGC; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

All TGC Forum communications and on-line telephony, communications are public and not private communications. Although TGC reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Your privilege to use TGC Forums and contribute to discussions on TGC Forums depends on your compliance with the member conduct guidelines set forth above. TGC may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, TGC, in its sole discretion, may terminate your membership or participation in any community, or other Forum for any reason.

Parental permission is required for children 12 years of age or under to use any of TGC Forums. Please remember, when using any TGC services or Forums, you agree to abide by the member conduct guidelines set forth above.

TGC reserves the right to monitor some, all, or no areas of TGC Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, TGC is acting as a passive conduit for such distribution and TGC is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.

Submissions

By posting or submitting content to this site, you grant TGC and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by TGC will not infringe or violate the rights of any third party.

If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the submissions shall be deemed, and shall remain, the property of TGC. None of the submissions shall be subject to any obligation of confidence on the part of TGC, and TGC shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, TGC shall exclusively own all, now known, or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.

Links

TGC service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TGC has no control over such sites and resources, you acknowledge and agree that TGC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TGC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

DISCLAIMER

TGC uses diligent efforts to maintain TGC service, but TGC is not responsible for any defects or failures associated with TGC service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, TGC makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of TGC service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using TGC service may locate unintended and objectionable content.

Please be aware that certain phone service providers voice messaging systems may not be compatible with our system when leaving the recorded greetings. This is most frequent with some Cell phone providers. One example would be a voice message such as: "You have reached the automated voice mail system of .......John Doe........ please leave a message at the tone". In these cases the system may start the greeting prematurely. We are working to resolve this issue and your patience in this matter is appreciated.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

TGC SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK TGC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, TGC MAKES NO WARRANTY THAT TGC SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF TGC SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH TGC SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TGC SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM TGC PERSONNEL OR THROUGH TGC SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.

Disclaimer Regarding Shopping Retailers

TGC may provide shopping services to help you locate and potentially purchase products from online and offline retailers. TGC does not, however, control these independent retailers and TGC does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by TGC you acknowledge and agree that: TGC does not endorse any of the products or services ("Merchandise") linked to from or through TGC, nor has TGC taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through TGC or their own web sites. TGC expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TGC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE TGC SERVICE AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM TGC SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TGC SERVICE; OR (v) ANY OTHER MATTER RELATING TO TGC SERVICE OR OPERATION OF TGC SWEEPSTAKES. IN NO EVENT SHALL TGC’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TGC, 924351 Missouri Ltd., THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY TGC OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and modification

You agree that TGC, in its sole discretion, may terminate your password, account (or any part thereof) or use of TGC service, and remove and discard any content within TGC service, for any reason, including, without limitation, for lack of use or if TGC believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. TGC may also in its sole discretion and at any time discontinue providing TGC service, or any part thereof, with or without notice. You agree that any termination of your access to TGC service under any provision of this “Terms of Service” may be effected without prior notice, and acknowledge and agree that TGC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or TGC service. Further, you agree that TGC shall not be liable to you or any third-party for any termination of your access to TGC service.

If a membership account has not had any activity within one year of the last transaction or on-line telephony sent greeting (scheduled), “your” TGC membership will be cancelled. The membership’s account will be notified by e-mail from TGC 30 days prior to termination of the membership account.

Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the United States of America without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the provincial or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and TGC relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The “Terms of Service” will inure to the benefit of TGC's successors, assigns and licensees.

COPYRIGHT AND COPYRIGHT NOTICES

TGC respects the intellectual property of others, and we ask our users to do the same. TGC may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TGC's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
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;
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.
Please contact The Greeting Company's Copyright Agent for Notice of claims of copyright infringement on:

Seventh Generation Law Group

Registered Copyright Agent

TheGreetingCompany.com
Kansas City, MO 64105 USA

info@thegreetingcompany.com