VIDEO GREETINGS, LLC WEBSITE TERMS OF USE

Introduction; Your Agreement to these Terms of Use.

Welcome to the Video Greetings, LLC, ("Video Greetings") website and services. The following Terms of Use apply to all users of www.hottiegram.com and its associated websites and services (collectively, the "Site"). The following Terms of Use for the Site is a legal contract between you, an individual user or a single entity (collectively or individually "Users"), and Video Greetings regarding your use of the Site. Together, Users and Video Greetings are referred to herein individually as "Party" or collectively as the "Parties". When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All Guidelines are hereby incorporated by reference into these Terms of Use.

BEFORE USING THE SITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS OF USE" OR "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

1.Eligibility. In order to use the Site, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. In any case, you affirm that you are over the age of 18, as the Site is not intended for persons under 18, and you represent and warrant that you will not use the Site to send message to persons under the age of 18. If you are using or opening an account on the Site on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you: are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.

2.Privacy Notice.Your privacy is important to Video Greetings. Video Greetings’ Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Video Greetings’ collection, use, and disclosure of your personal information.

3.Modification of the Terms.Video Greetings reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. All changes shall be effective immediately. In the event of a material change, we will use commercially reasonable efforts to notify you and obtain your consent before implementing such changes. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.

4.Site Access. Video Greetings grants you permission to use the Site as set forth in these Terms, provided that and for so long as (i) you use the Site solely for your personal use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Site in any medium without Video Greetings’ prior written authorization; (iii) you do not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you otherwise fully comply with these Terms. The Site is controlled and offered by Video Greetings from its facilities in the United States of America. Video Greetings makes no representations that the Site is appropriate or available for use in other locations. If you are accessing or using the Site from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.

5. Ownership; Proprietary Rights. As between the Parties, the Site including the content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by Video Greetings ("Video Greetings Materials") are owned and/or licensed by Video Greetings. Video Greetings Materials do not include Non-Video Greetings Content (as defined below). Except as expressly authorized by Video Greetings, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site or the Video Greetings Materials. Video Greetings reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to the Video Greetings Materials, except for the limited rights set forth in these Terms.

6.User Content.

(a) General. The Site may now or in the future permit you and other Users to post or link media, text, audio and video recordings, photos, graphics, commentary or any other content ("User Content"), and to host and/or share such User Content. User Content is not controlled by Video Greetings. Video Greetings makes no representations that your User Content will remain available via the Site in any way and may remove your User Content in its sole discretion. You understand that Video Greetings does not guarantee any confidentiality with respect to any such information and/or User Content.

(b)Grant of Rights. By submitting User Content to Video Greetings, you hereby grant Video Greetings and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Site and Video Greetings’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered. You grant Video Greetings and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Site and these Terms.

(c)Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Video Greetings to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Video Greetings and these Terms, and to grant the rights and license set forth in this Section, and (ii) your User Content, Video Greetings’ use of such User Content pursuant to these Terms, and Video Greetings’ exercise of the license rights set forth in this Section, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.

7. Non-Video Greetings Content Disclaimer. You understand that when using the Site you may be exposed to User Content and other third party content (together, the "Non-Video Greetings Content") from a variety of sources. Video Greetings does not endorse any Non-Video Greetings Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Video Greetings be liable in any way for or in connection with the Non-Video Greetings Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Video Greetings Content, any intellectual property infringement with regard to any Non-Video Greetings Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Video Greetings Content posted, emailed or otherwise displayed or transmitted through the Site.

8. Non-Monitoring of Users and Non-Video Greetings Content. You understand and agree that you, and not Video Greetings, are entirely responsible for all User Content that you may upload, post or otherwise make available through the Site. Video Greetings does not control the Non-Video Greetings Content and does not have any obligation to monitor such Non-Video Greetings Content for any purpose. If at any time, Video Greetings chooses, in its sole discretion, to monitor the Non-Video Greetings Content, Video Greetings nonetheless assumes no responsibility for the Non-Video Greetings Content, no obligation to modify or remove any Non-Video Greetings Content, and no responsibility for the conduct of the user submitting any such Non-Video Greetings Content.

9. Removal of Non-Video Greetings Content. Video Greetings and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Video Greetings Content that is available on the Site in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

10.Prohibited Uses of the Site.

(a)As a condition of your use of the Site, you hereby represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited (including without limitation, the prohibitions in this Section) by these Terms.

(b)You agree not to send any person under the age of 18 any messages through the Site.

(c)You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Site, or collect, or attempt to collect, personal information about users or third parties without their consent.

(d)You agree not to intentionally interfere with or damage, impair or disable the operation of the Site or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.

(e)You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.

(f)You agree not to attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site.

(g)You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.

(h)You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

(i) You agree not to utilize framing techniques to enclose any trademark, logo, or other Video Greetings Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Video Greetings’ name or trademarks without Video Greetings’ express written consent.

(j)You agree not to deep-link to the Site and will promptly remove any links that Video Greetings finds objectionable in its sole discretion. You agree not to use any Video Greetings logos, graphics, or trademarks as part of the link without our express written consent.

(k)You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(l)You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(m)You agree not to modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(n)You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

11.Account Information. In order to access some features of the Site, you will have to create an account. You represent and warrant that the information you provide to Video Greetings upon registration and, at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent, and agree that Video Greetings may access, preserve and disclose your account information and User 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 claim that any User Content violates the rights of third parties; (d) provide certain customized features of the Site to you, if any, or respond if you contact Video Greetings for any reason; or (e) protect the rights, property, or personal safety of Video Greetings, the users, and the public.

12.Password. If you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Video Greetings. You may be liable for the losses incurred by Video Greetings or others due to any unauthorized use of your account.

13. Fees. Certain products and services offered through the Site may require payment of fees ("Fees") (such Fee-bearing products and services, the "Premium Offerings"). You agree to pay the Fees in advance of using or accessing any Premium Offerings. In the event you register for a monthly or annual membership for Premium Offerings ("Subscription"), you agree that Video Greetings may automatically charge Subscription Fees to your credit card account on each monthly or annual anniversary of the date that you signed up for such Subscription, as applicable. Your access and use of Premium Offerings will not be established until Video Greetings has verified that the credit card you provide Video Greetings for payment is accurate and that your credit card account is in good standing.

The minimum commitment for a Subscription is 30 days. Both types of Subscription (either monthly or annual) automatically renew upon the monthly or yearly anniversary of your Subscription, unless canceled prior to such renewal. Subscriptions may come with a free trial period. You may cancel your Subscription at any time during any applicable free trial period without incurring any Fees. Otherwise, when you cancel a Subscription, the cancellation will become effective on the 1st day following the monthly or annual anniversary of the date that you signed up for such Subscription. In between the time you cancel and the effective date of the cancellation, you are responsible for any additional Fees that you accrue. Following the free trial, all Subscription Fees are final and nonrefundable.

Video Greetings reserves the right to suspend or terminate your Subscription or use of the Site without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Video Greetings when Video Greetings believes you are liable for the charges.

When you sign up for a Subscription or order Premium Offerings, you have an opportunity to review and accept the Fees that you will be charged based on our stated Fees, which we may change from time to time. Any changes to Fees will be effective thirty (30) days after we provide you with notice by posting such changes on the Site; provided, however, that such changes shall only apply prospectively to your use of the Site. Unless otherwise stated, all Fees are quoted in U.S. Dollars.

Video Greetings accepts payments through the major credit cards indicated on the applicable payment screen or PayPal. Billing to your account occurs immediately following any applicable free trial period. Video Greetings does not accept any other payment form. You agree to pay for all products and services that you purchase through the Site, and you agree that we may charge your selected payment method for any such payments.

You are required to keep your billing information current, complete and accurate (such as a change in billing address, credit/debit card number or expiration date) and notify Video Greetings if your credit card account is canceled (e.g., for loss or theft). You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your family or friends). You agree to pay any outstanding balance in full within thirty (30) days of the due date. All Fees not paid to Video Greetings by you within thirty (30) days of when such Fees become due and payable in accordance with this Agreement shall be subject to a finance charge of one and one half percent (1.5%) per month interest, or the maximum allowable under applicable law, whichever is less, with such interest charges starting on the due date for such fees, plus any related collection and legal costs actually incurred by Video Greetings in connection with Video Greetings’ collection of such Fees.

Video Greetings shall ensure that any third party vendors handling credit card processing pursuant to this Agreement (e.g., PayPal) shall adhere to the Payment Card Industry Data Security Standards ("PCI Standards"). In connection therewith, Video Greetings shall require that any such vendor who receives, maintains, stores, handles, protects, transports or transmits credit card numbers and associated personal information ("User Credit Card Information") (i) may only use such User Credit Card Information for assisting in completing card transactions, for providing fraud control services, or for uses required by applicable law, and (ii) shall perform customary assessments of its systems and procedures on an on-going basis, and if such assessment reveals any non-compliance with the PCI Standards, it shall take actions to cure such non-compliance.

PLEASE NOTE: If a Subscription has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at support@hottiegram.com.

You are solely responsible for paying any governmental taxes imposed on your use of the Site, including, but not limited to, sales, use or value-added taxes. To the extent Video Greetings is obligated to collect such taxes, the applicable tax will be added to your billing account.

14.Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users that may be found on or through the Site are solely between you and such advertiser or User. YOU AGREE THAT VIDEO GREETINGS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SITE.

15. Links and Third Party Websites. Video Greetings or third parties may provide links on the Site to other sites including the content therein ("Reference Sites"). Video Greetings has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or content linked to by the Site. Video Greetings provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

16. Affiliation Disclaimer. Any third-party trademarks or trade names found on the Site (each, a "Mark") are the sole and exclusive property of such third parties. Users are not permitted to use these Marks without the prior written consent of the third party that owns the respective Mark. Video Greetings disclaims sponsorship of or affiliation with any such third parties.

17. Availability of Service. Video Greetings may make changes to or discontinue any of the media, web communities, products, or services available within the Site at any time, and without notice. The media, products, or services on the Site may be out of date, and Video Greetings makes no commitment to update these materials on the Site. Notwithstanding the aforementioned, Video Greetings will use its best efforts to maintain full high-definition versions of sent HottieGrams for thirty (30) days after you send it.  After 30 days, your recipient will have access to standard definition "preview" videos when they visit their "My HottieGram" page.

18. User Disagreements. You are solely responsible for your involvement with other Users of the Site. Video Greetings reserves the right, but has no obligation, to monitor disagreements between you and other users. VIDEO GREETINGS DISCLAIMS ALL LIABILITY RELATED TO ANY USER DISAGREEMENT.

19.Terms of Use Violations; Termination.

(a) Video Greetings. You agree that Video Greetings, in its sole discretion and for any or no reason, with or without notice, may terminate any account (or any part thereof) you may have or your use of the Site, and remove and discard all or any part of your account or any User Content, at any time. You agree that Video Greetings shall not be liable to you or any third-party for any such termination. These remedies are in addition to any other remedies Video Greetings may have at law or in equity.

(b) User. If you are dissatisfied with the Site, please let us know at support@hottiegram.com. Your input is valuable to us. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of Video Greetings in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Site and providing notice of termination at support@hottiegram.com.

(c) Effect of Termination. Upon termination of these Terms and your account by you, or subject to Video Greetings’ termination rights herein, Video Greetings reserves the right to charge you Fees through the end of your Subscription term; provided that you shall have access to the Site and Premium Offerings in exchange for such Fees through the end of your Subscription term. If Video Greetings terminates your use of any part or all of the Site and Premium Offerings prior to the completion of your Subscription period (except if such termination is a result of your breach of any obligations, covenants, representations, warranties, or terms in these Terms, in which case Video Greetings may terminate without liability as described above), your sole remedy is a pro-rata refund of the purchase price paid for the unavailable service. Upon termination or your Subscription for any reason, your continued use of the Site is subject to these Terms. For the avoidance of doubt, and notwithstanding anything to the contrary in these Terms, Video Greetings may downgrade, delete, or otherwise modify your account upon termination in Video Greetings’ sole discretion.

20. Indemnification; Hold Harmless YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VIDEO GREETINGS, AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY RELATED COMPANIES (INCLUDING THOSE WHICH SHARE SUBSTANTIALLY COMMON OWNERSHIP), AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SITE; (II) YOUR USER CONTENT, INCLUDING VIDEO GREETINGS’ USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY VIDEO GREETINGS. VIDEO GREETINGS RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF VIDEO GREETINGS. VIDEO GREETINGS WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

21.Disclaimers; No Warranties.

(a) Acknowledgement. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 21, THE TERM VIDEO GREETINGS INCLUDES VIDEO GREETINGS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, AND SUBCONTRACTORS.

(b) No warranties.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIDEO GREETINGS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIDEO GREETINGS OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(c) "As is" and "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, PREMIUM OFFERINGS, NON-VIDEO GREETINGS CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

(d) Website Operation and Non-Video Greetings Content. VIDEO GREETINGS DOES NOT WARRANT THAT THE VIDEO GREETINGS MATERIALS, USER CONTENT, NON-VIDEO GREETINGS CONTENT, SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

(e) Accuracy. VIDEO GREETINGS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(f) Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

(g) Parody. YOU ACKNOWLEDGE AND AGREE THAT WHEN USING THE SITE OR ACCESSING PRODUCTS AND SERVICES OFFERED BY VIDEO GREETINGS YOU MAY BE EXPOSED TO CONTENT THAT MAY BE DEEMED OFFENSIVE OR OTHERWISE OBJECTIONABLE. SUCH MATERIALS ARE MEANT AS PARODY ONLY AND DO NOT REFLECT THE VIEWS OF VIDEO GREETINGS. UNDER NO CIRCUMSTANCES WILL VIDEO GREETINGS BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH SUCH CONTENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND ANY PRODUCTS OR SERVICES AVAILABLE THEREON.

22.Limitation of Liability and Damages.

(a) Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL VIDEO GREETINGS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE VIDEO GREETINGS MATERIALS AND USER CONTENT ON THE SITE OR ANY REFERENCE SITES, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH VIDEO GREETINGS, EVEN IF VIDEO GREETINGS OR A VIDEO GREETINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Limitation of Damages. IN NO EVENT SHALL VIDEO GREETINGS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100 USD) OR FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.

23.Limitations by Applicable Law; Basis of the Bargain.

(a) Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

(b) Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT VIDEO GREETINGS HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND VIDEO GREETINGS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VIDEO GREETINGS. YOU ACKNOWLEDGE AND AGREE THAT VIDEO GREETINGS WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

24. Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-Video Greetings Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail).

(i)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;

(iii)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Video Greetings to locate the material;

(iv)Information reasonably sufficient to permit Video Greetings to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v)A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Video Greetings’ designated Copyright Agent to receive notifications of claimed infringement is:

Phil Marcus

E-mail: support@hottiegram.com

25.Miscellaneous.

(a)Notice. Video Greetings may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Site. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after email is sent, unless Video Greetings is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Video Greetings with notices by email to the address indicated in subsection l below.

(b)Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

(c)Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.

(d)Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Video Greetings to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(e)Severability. 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.

(f)Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Video Greetings without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

(g)Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Video Greetings as a result of these Terms or use of the Site. You further acknowledge that by submitting User Content or other Non-Video Greetings Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Video Greetings other than pursuant to these Terms.

(h)Survival. Sections 5, 6, 13, 16 18, c, 20, 21, 22, 23, 24 and 25 will survive any termination of these Terms or your account whether by you or Video Greetings.

(i)Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

(j)Entire Agreement. This is the entire agreement between you and Video Greetings relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Video Greetings as set forth in Section 3 above.

(k)Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(l) The services hereunder are offered by Video Greetings, LLC., email: support@hottiegram.com. In accordance with The Child Protection and Obscenity Enforcement Act of 1988, Video Greetings maintains records in accordance with the 2257 Regulations of such Act.

Last Updated: February 8, 2010