Last Modified: April 6, 2020
In order to access and use The Greet Club Platform, you need to:
b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws;
c) refrain from engaging in commercial activities us and from using The Greet Club Platform if you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you);
d) refrain from engaging in commercial activities us and from using The Greet Club Platform if you are prohibited from receiving products, services, or software under applicable law; and
e) refrain from engaging in commercial activities us and from using The Greet Club Platform if you are listed on any U.S. Government list of prohibited or restricted parties.
3. Accessing The Greet Club Platform and Account Security
Right to amend, withdraw and restrict. We reserve the right to withdraw or amend this Website, and any service or material we provide on The Greet Club Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of The Greet Club Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of The Greet Club Platform, including to registered users.
Confidentiality of Username and Password. If you choose, or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account on the on The Greet Club Platform using your user name, password or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Video Messages
Requests. You can create an account on The Greet Club Platform to purchase personalized Video Messages from Celebrity User (each a “Request”). In submitting a Request for a Video Message from a Celebrity User, you agree not to use a false identity or to provide false information. You agree not to use or create. New account on The Greet Club Platform if your access to The Greet Club Platform has previously been terminated or suspended.
Fulfillment of Requests. After you submit a Request, the following may happen:
a) The Celebrity User has up to forty-eight (48) hours in which he/she/it may (in his/her/its sole discretion): i) accept or reject your Request; and ii) determine how to fulfill your Request if accepted.
b) In the event the Celebrity User does not accept or reject your Request within forty-eight (48) hours of submission, the Request will automatically be cancelled by The Greet Club Platform.
c) In the event the Celebrity User accepts your Request within forty-eight (48) hours of submission: i) the Video Message shall be delivered by the Celebrity User within the time frame specified on the Celebrity User’s account, or ii) if the Celebrity User does not deliver the Video Message within the time frame specified on the Celebrity User’s account, then the Request shall be automatically declined by The Greet Club Platform.
d) We reserve the right to reject any Request in our sole discretion.
Privacy. You acknowledge and agree that you have no expectation of privacy with respect to any Video Message requested by or for you.
Watermark. You agree and acknowledge that the Company’s watermark on each Video Message cannot be edited, changed, modified, or removed from any Video Message.
5. Payments and Fees
Fees: The Greet Club Fees is specified on the Celebrity User’s profile on The Greet Club Platform at the time you make a Request. You agree to pay the Fees in accordance with the payment terms in effect when you submit your Request. You acknowledge that the respective Fee may be changed at any time by The Greet Club and/or by the Celebrity Users.
ii.If a Celebrity User rejects your request for a Greet Club Video or the Greet Club Video is not provided, your Greet Club account will be issued a credit for the value of your purchase. The credit will be maintained in your account and may be redeemed for purchases in our platform. Credit balances are not refundable, cannot be transferred, expire or extinguish immediately when redeemed. By making a purchase on the App for iOS, you represent that you are a resident of a country or territory in which payment in the local currency is supported by the App (as listed here). If you are a resident of a country or territory in which payment in the local currency is not supported by the App for iOS (or located in a country or territory in which payment in the local currency is not supported by the App for iOS), your purchase will not be permitted; however, if such purchase is permitted, Greet Club reserves the right to cancel your request and no refund will be issued. The countries and territories and respective local currencies supported by the App for iOS are determined by Apple and not by Greet Club and are subject to change at any time.
Refunds: All purchases made on The Greet Club platform and non-refundable.
Intellectual Property Rights.
Celebrity User Ownership. You acknowledge and agree that each Video Message and any and all media in connection with it is owned by the Celebrity User who created it. The Celebrity User hereby grants to you a limited right to use the Video Message solely for your own personal, non-commercial, non-exclusive, sublicensable, royalty-free, publicly distributable and displayable, and non-promotional purposes, provided you have paid in full for the Video Message.
a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Trademarks. The Company name, the terms “GREET CLUB”, the Company logo and all related names, logos, product and service names, designs and slogans are common law or registered trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on The Greet Club Platform are the trademarks of their respective owners.
6. Prohibited Uses
a) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
d) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
e) To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of The Greet Club Platform, or which, as determined by us, may harm the Company or users of The Greet Club Platform, or expose them to liability.
Additionally, you agree not to:
a) Use The Greet Club Platform in any manner that could disable, overburden, damage, impair, or interfere with any other party's use of The Greet Club Platform, including their ability to engage in real time activities through The Greet Club Platform.
b) Use any robot, spider or other automatic device, process or means to access The Greet Club Platform for any purpose, including monitoring or copying any of the material on The Greet Club Platform.
d) Use any device, software or routine that interferes with the proper working of The Greet Club Platform.
e) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
f) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of The Greet Club Platform, the server on which The Greet Club Platform is stored, or any server, computer or database connected to The Greet Club Platform.
g) Attack The Greet Club Platform via a denial-of-service attack or a distributed denial-of-service attack.
h) Otherwise attempt to interfere with the proper working of The Greet Club Platform.
7. Monitoring and Enforcement; Termination
We have the right to:
a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of The Greet Club Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through The Greet Club Platform. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
8. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
e) Be likely to deceive any person.
f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Notwithstanding the foregoing, we do not undertake to review material before it is posted on The Greet Club Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Copyright Infringement
If you believe that any User Contributions violate your copyright, please send us an e-mail with a notice of copyright infringement to email@example.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
10. Reliance on Information Posted
The Greet Club Platform includes content provided by third parties, including materials provided by other users, Celebrity Users and bloggers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Changes to The Greet Club Platform
We may update the content on The Greet Club Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on The Greet Club Platform may be out of date at any given time, and we are under no obligation to update such material.
12. Celebrity Users
Registration. In order to be a Celebrity User, you will need to register and create a profile on The Greet Club Platform. You agree to provide true, accurate, current, and complete information about yourself when registering on The Greet Club Platform, and to maintain, update and keep it current, otherwise we reserve the right to suspend or terminate your profile if we believe the information is not true, accurate, current and complete. You agree not to create a profile on behalf of another person (except as outlined in the provisions below), or if you have previously been removed or banned from The Greet Club Platform. You are solely and exclusively responsible for all undertakings that occur on or in connection with your profile and you agree to notify us immediately of any unauthorized access or use of your profile.
Fundraising: If you identify any entity on your booking page or elsewhere on our Site as a charitable organization or a recipient of any funds that you are raising (each, a “Charity”), you: (i) represent and warrant that you will comply with all applicable laws and regulations relating to that identification or the Charity, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement; (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification or the Charity; (iii) represent and warrant that the Charity is and will remain in good standing at all times the identification is used, that within 48 hours of your receipt of our request, you will provide us with written evidence of the Charity’s good standing and charitable status in all applicable jurisdictions, and that you will promptly remove the identification if the Charity ceases to be in good standing; (iv) represent and warrant that you will be responsible for making any payment to the Charity (unless we expressly agree in writing in advance to do so on your behalf and in satisfaction of our payment obligations to you under these Terms); and (v) represent and warrant that you have all rights necessary to authorize use of the Charity’s name and logo in connection with (and on) our Site, in the identification, and in any social and other media. You further acknowledge and agree that we may add a statement to your booking page disclaiming a connection between Greet Club and the Charity, as we determine in our sole discretion.
Fees and Pay: We will pay you 80% of the Booking Fee actually received by Greet Club for each Greet Club Video or other Greet Club product offering that you created and delivered to fulfill to a User’s request that you accepted through our Site or Android App, except that in the case of a Booking Fee paid through the iOS App, we will pay you 80% of the amount actually received by Greet Club after subtracting any payment to or deduction by the application platform (e.g., Apple deducts a 30% commission from the Booking Fee) from the Booking Fee (“Net App Booking Fee”). You agree to register, provide all the information required and to obey by the terms and conditions of the third party payment provider selected by us and available on The Greet Club Platform. If you do not provide to the payment provider all required information, then you may not be able to receive the Celebrity Net Fee or any other payments due to you. We are not responsible for any damages, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information.
Booking Fee: You set your own price for each Greet Club Video and any other offering you choose to make available through the Greet Club platform. (i) your price on the App for iOS must be an available Apple SKU; and (ii) where there is no identical Apple SKU, your price will be the Apple SKU that is closest to (but not less than) the price you set (e.g., a Booking Fee of US$5.00 will be adjusted to US$5.99 in the App for iOS). In addition, the Booking Fee for each Greet Club Video must be at least US$5.00 (unless it is either US$0.00 or as otherwise agreed in writing by Greet Club).
Intellectual Property and Advertisement. When you upload, submit, store, send or transmit Message Videos generate by you to or through The Greet Club Platform, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable, perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of and to use your Video Messages and User Content for the purposes of operating, developing and improving The Greet Club Platform and associated products and services, and to advertise, market, and promote The Greet Club Platform. You agree that we may display advertising with or in connection with your Videos Messages and User Content. You further acknowledge and agree that we have no obligation to you in connection with any advertising displayed on or in connection with The Greet Club Platform, including no obligation to share any revenue received therefrom by us. You agree to obey by all applicable laws in the event you use your Video Messages to promote or advertise yourself.
13. Linking to The Greet Club Platform
You may link to our homepage or application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
14. Links from The Greet Club Platform
If The Greet Club Platform contains links to other websites, applications and resources provided by third parties, these links are provided for your convenience only, and you hereby acknowledge that we have no control over the contents of those websites, applications or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or applications linked to The Greet Club Platform, you do so entirely at your own risk and subject to their applicable terms and conditions of use.
15. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or The Greet Club Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your equipment, computer programs, data or other proprietary material due to your use of The Greet Club Platform or any services or items obtained through The Greet Club Platform or to your downloading of any material posted on it, or on any website or application linked to it.
The Greet Club Platform, its content and any services or items obtained through The Greet Club Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of The Greet Club Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that The Greet Club Platform, its content or any services or items obtained through The Greet Club Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website, application or the server that makes it available are free of viruses or other harmful components or that The Greet Club Platform or any services or items obtained through it will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
16. Limitation on Liability
To the fullest extent provided by law, in no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use The Greet Club Platform, websites and/or content on or linked to it, or items obtained through The Greet Club Platform or such other websites or applications, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
18. Governing Law and Jurisdiction
20. Waiver and Severability
21. Entire Agreement
22. Your Comments and Concerns