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The “Site Terms of Service Agreement” or “Terms” for the SurpriseGreeting.com platform, owned and operated by Surprise Greeting LLC, dictates how you, the user, can use our site and services. The term “Site” refers collectively to our website (SurpriseGreeting.com) and the services we offer through it.

These Terms apply to everyone who visits or uses our Site. Be sure to also review our Acceptable Use Policy and Community Guidelines. For individuals using our platform as a “Talent Seller,” additional regulations are outlined in the “Talent Terms of Service” or “Talent Terms.”

Your acceptance of these Terms, signaled by using our Site or by otherwise indicating agreement (such as when creating an account or clicking “I Agree”), is crucial. It signifies that you’ve read, understood, and consented to be bound by these Terms. If you disagree, please refrain from accessing or using our Site.

Pay attention to Section 16, which covers the arbitration agreement. This section details how claims between you and SurpriseGreeting are resolved, including disputes that arose before these Terms were last updated. Unless you opt out, you’ll have to submit disputes to binding arbitration, forfeiting your right to take us to court or have a jury trial.

The Terms cover a range of topics, which are listed below in the table of contents:

1. SurpriseGreeting Marketplace
2. SurpriseGreeting Videos
3. Acknowledgement
4. Additional Terms
5. Eligibility
6. Fees & Payment
7. Ownership
8. Copyright and Intellectual Property Policy
9. Privacy
10. Third-Party Content and Interactions
11. Links
12. Changes to our Site
13. Termination and Reservation of Rights
14. Indemnification
15. Disclaimers and Limitations on our Liability
16. Arbitration Agreement and Waiver of Certain Rights
17. Other Provisions
18. Changes to these Terms

Each of these sections contains detailed information about our services, policies, and your responsibilities as a user. We urge you to review these sections carefully to ensure you fully understand the terms and conditions governing your use of our Site and services.

1. SurpriseGreeting Marketplace

By signing up on our platform, you commit to providing factual and updated information. Don’t create an account using false data or if you’ve been previously banned or removed from our platform. You’re tasked with safeguarding your account details, such as your username and password. Any activities carried out using your account are your responsibility and you should promptly notify us about any unauthorized access or use. We are not to be held accountable for any harm, loss, or liabilities resulting from unauthorized usage of your account.

2. Use of SurpriseGreeting Videos

 Our platform enables you to purchase personalized videos (referred to as “SurpriseGreeting Videos”) from various sellers including artists, performers, etc. (referred to as “Talent Seller”). You may make a personalized video request for yourself or another identified recipient.

Please note that the Talent Seller has absolute discretion over the fulfillment of your request and the content of the SurpriseGreeting Video, and they may not strictly follow your request. We hold the authority to reject any request. The Talent Seller may fulfill or decline your request. Talent Sellers might offer expedited video creation within a defined timeframe, like 24 hours. If such a request isn’t completed within the stated timeframe, SurpriseGreeting, at its discretion, might issue a complete refund or credit. Such refunds or credits will be processed as outlined in Section 6 (Payment and Fees).

The SurpriseGreeting Videos are authored, created, performed and licensed from Talent Seller, not sold. You’re purchasing the right to use the video, not the video itself.

Upon complete payment, the Talent Seller provides you with limited rights to use the SurpriseGreeting Video solely for personal, non-commercial, and non-promotional uses. These rights include a non-exclusive, royalty-free, fully paid, global, revocable license allowing you to use, reproduce, distribute, and publicly display the SurpriseGreeting Video across all forms of media (like social media platforms).

You’re prohibited from selling, reselling, commercializing, or encumbering your rights in any SurpriseGreeting Video unless SurpriseGreeting provides prior written consent. You may sublicense your rights in a SurpriseGreeting Video only as needed to use the SurpriseGreeting Video as allowed under these Terms (like sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional uses).

The use of a SurpriseGreeting Video should always align with these Terms, including our Acceptable Use Policy / Community Guidelines. We hold the right to end all or part of the licenses at any point and for any reason. We also reserve the right to remove a SurpriseGreeting Video from our platform at any time without notice. Please note that we don’t host SurpriseGreeting videos. We function as a marketplace connecting buyers and sellers and are not involved in the creation or authoring of the video content except for watermarks, preroll and or postroll greeting templates. 

3. Your Acknowledgements You agree and accept that:

SurpriseGreeting bears no liability or responsibility for any SurpriseGreeting Video or other offerings requested by you or any Submission (as defined below) made by you; there’s no expectation of privacy related to any SurpriseGreeting Video requested by you or any Submission (as defined below) made by you. Furthermore, you agree not to make any request or Submission that violates the privacy or other rights of a third party; the watermark of SurpriseGreeting must stay intact on every SurpriseGreeting Video, and you agree not to alter, modify, hide, or remove it from any SurpriseGreeting Video or assist or encourage any third party in doing so; moreover, you agree not to alter, change, or create any derivative work of a SurpriseGreeting Video or assist or encourage any third party to do so;

In case of a breach of any provisions of these Terms, or if your access to our Site is terminated, or if you (or any Site account you created or control) are removed or banned, your license to use any SurpriseGreeting Video or other offering under these Terms also ends. Consequently, you must: immediately eliminate all copies of any SurpriseGreeting Video, or other offering, in your control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and perform any other action we reasonably request, including identifying each Recipient; and, not limited to any of our rights, any request you submit through our Site may be rejected by us or by a Talent Seller; if this occurs repeatedly, we reserve the right to terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other suitable action at our discretion. This includes terminating your license to use any SurpriseGreeting Video or other offering under these Terms and requiring you to take the actions described in this paragraph.

4. Additional Conditions Certain products or services offered on the Site may have supplemental terms and conditions (“Additional Terms”). By using those products or services, you consent to the Additional Terms. In the event of a conflict between these Terms and the Additional Terms, these Terms will prevail unless the Additional Terms specify otherwise.
5. Requirements for Usage Age: You need to be at least 13 years old (or the legal age for entering into a contract in your country, if outside the United States) to use our Site. Representations and Warranties of Eligibility: You affirm and guarantee that: you are not barred from using or accessing any part of our Site by us or any relevant law or regulation; you will adhere to all terms set by any third-party payment provider chosen by us, and you are not on the provider’s prohibited list; you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and you are not a registered sex offender. Export Control: You may not use, export, import, or transfer any part of our Site without authorization under U.S. law, laws of your jurisdiction, or any other relevant laws.

You will not use the Site or any SurpriseGreeting product or service for any partisan political activities, including to advocate or solicit contributions for your candidacy for public office, another person’s candidacy, any political party or committee, or any person or organization advocating or soliciting contributions for any candidate for public office or political party.

6. Payment and Fees

Charges: The cost of a SurpriseGreeting Video or other services is indicated on the Talent Seller’s booking page on our Site at the time of your request. You consent to pay all due amounts in compliance with the payment conditions in effect when you submit your request or make a purchase, inclusive of any relevant service, transaction, or processing fees.

Currency: All transactions are processed in U.S. dollars (USD). Any fees or costs imposed by your card provider or the payment processor to complete the transaction in USD will be your responsibility. Occasionally, SurpriseGreeting may conduct transactions in a currency other than USD to minimize or eliminate currency conversion charges.

Payment Method: You can request a SurpriseGreeting Video by using a valid payment card via the third-party payment provider selected by us for our website. You must provide the payment provider with valid payment details (Visa, MasterCard, or any other issuer accepted by them). You acknowledge and agree that SurpriseGreeting does not own, operate, or control the payment provider. The terms of your agreement and privacy policy with the payment provider govern the use of your payment card, not these Terms. You agree to immediately notify the payment provider of any change in your billing address or other payment card information. Please note, a SurpriseGreeting Video cannot be returned or exchanged, and no refunds will be issued.

Website Usage: By providing your payment details, you consent that SurpriseGreeting may place a pre-authorization hold and, once your request is fulfilled, authorize the payment provider to instantly charge all due and payable amounts without further notice or consent.

Credits are stored in your SurpriseGreeting account. Once redeemed, credit balances are non-refundable, non-transferable, cannot be used outside of SurpriseGreeting, and immediately expire.

Moreover, if permitted by the SurpriseGreeting Video or other offering, you may decide to give an extra amount as a “tip”. You understand that SurpriseGreeting does not enforce any such tip or gratuity. You agree to pay any amount you authorize as a tip, and tips are non-refundable.

SurpriseGreeting retains the right (but is not obliged) to cancel your request for any SurpriseGreeting Video or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site. SurpriseGreeting also reserves the right to change its fees and payment policies, including its payment options and terms, either instantly upon posting on our Site or by notifying you otherwise.

Splitting of Payment: Any payment for a SurpriseGreeting Video or any other service on our Site, such as a tip, will be split between SurpriseGreeting and the Talent as described in the Talent Terms of Service.

Payment Queries: If you have a question about a purchase or a charge to your payment card, please reach out to us at buyersupport@SurpriseGreeting.com. We have the sole authority to decide how billing disputes between us will be resolved.

Taxes: If SurpriseGreeting is required to collect a sales tax, use tax, or any other equivalent tax (“Sales Tax”) from you, it will be collected in addition to your purchase fee. If you haven’t paid the applicable Sales Tax to SurpriseGreeting, you will be accountable for the payment of Sales Tax (and any related penalties or interest) to the appropriate tax authority, and you will compensate SurpriseGreeting for any liability or expense we may incur in connection with your purchases’ Sales Tax payments. At the request of SurpriseGreeting, you will provide reasonable assistance and documentation related to your SurpriseGreeting purchases’ Sales Tax payments (e.g., official receipts issued by the appropriate tax authority confirming you have paid all applicable taxes).

7. Ownership Rights

You recognize and agree that each SurpriseGreeting Video or other offerings by a Talent Seller are the property of the Talent Seller who created them.

All rights, titles, and interests in: (i) our Site including its “look and feel,” incorporating all software, ideas, processes, data, text, media, and other content available on our Site (collectively referred to as “SurpriseGreeting Content”); and (ii) our trademarks, logos, and brand elements (“Marks”) belong to us or our licensors. Our Site, SurpriseGreeting Content, and Marks are all protected under U.S. and international laws. Without our prior written consent, you are not permitted to duplicate, copy, sell, commercialize, or reuse any portion of the SurpriseGreeting Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts.

You grant us a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, across all types of media, whether known now or invented in the future (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works of any request or submission you make, whether via our Site, a social media platform, third-party website, or otherwise, for the purposes of operating our Site, developing and improving our products and services, and promoting our Site and our products and services. You assert that you either own all rights to any Submission, or have all necessary rights to grant us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains any information you or any Recipient do not wish to be disclosed. We will not be held accountable for any use or disclosure of a Submission, including any personal information.

We may decline to accept or transmit a Submission or remove a Submission from our Site for any reason. Additionally, we reserve the right to determine if a Submission contravenes these Terms and, at any time, without notice and at our sole discretion, we may remove your Submission, terminate your access to our Site, or take other appropriate actions for violation of these Terms.

If your Submission includes any ideas or suggestions related to our business (“Feedback”), you acknowledge that you are submitting that Feedback at your own risk, and that we have no obligations (including confidentiality) in relation to that Feedback. You grant us a similar license as above to use and exploit the Feedback in any manner, including commercially.

You hereby waive any moral rights or “droit moral” you may have in any Submission, including Feedback, and you affirm that no third party holds any such rights in the Submission, including Feedback.

8. Copyright and Intellectual Property Policy

In compliance with the Digital Millennium Copyright Act, we react to notices of alleged copyright infringement and terminate access for repeat infringers. If you believe that materials on our site violate copyright laws, please provide the following information to the designated Copyright Agent:

• Your contact details, including your address, telephone number, and email address.
• A description of the work you claim has been infringed.
• Details about the allegedly infringing material and its location on the site.
• A statement affirming your “good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.”
• An electronic or physical signature of the copyright owner (or an authorized representative).
• A statement by you, under penalty of perjury, asserting the accuracy of your information and that you are the copyright owner or authorized to act on their behalf.

Copyright Agent:

Surprise Greeting LLC. 31 Hastings Street STE6 Mendon, MA 01756 dmca@SurpriseGreeting.com

Please ensure to follow these requirements, or your notice may not be valid. Only notices of alleged copyright infringement should be directed to our Copyright Agent.

Termination Policy: If we ascertain that you are a repeat infringer, we retain the right to terminate your access, remove or ban you and any associated account, or take other necessary actions at our sole discretion.

9. Privacy

We value your privacy. Our Privacy Policy outlines our practices regarding the collection, usage, and sharing of personal data and other information. By using our Site, you consent to our Privacy Policy.

10. Interaction with Third-Party Content

Our Site may feature links or access to independent third-party content, such as videos, websites, platforms, and other resources. All content and interactions within SurpriseGreeting Videos or other offerings involving third parties, including interactions between Users, are solely the responsibility of those participating. SurpriseGreeting holds no responsibility for your interactions with third parties through SurpriseGreeting Videos or other offerings. Prior to any interaction, you are encouraged to conduct any investigation you deem necessary. However, you commit to only interacting with Talent Sellers as explicitly permitted on our Site. In any dispute, you agree that SurpriseGreeting has the discretion to intervene and that you will cooperate accordingly. You acknowledge and accept that we are not liable for any damages or losses resulting from such interactions. You release SurpriseGreeting and all associated parties from any claims or damages related to such disputes or usage of our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. External Links

Our Site may provide links to social media platforms or other third-party websites. Please note that these links do not imply an endorsement or affiliation with the given platform or website. We bear no responsibility for any losses or damages associated with your usage of these platforms or websites. Always ensure to review the terms and conditions, as well as the privacy policy of any platform or website prior to use.

12. Modifications to Our Site

You acknowledge and agree that we retain the right to modify or discontinue any aspect of our Site at any given time, without providing you prior notice.

13. Account Cancellation and Right Reservation

You can terminate your Site account at any point by reaching out to our SurpriseGreeting team at cancel@SurpriseGreeting.com. We, however, hold the authority to restrict access to our Site to any individual, including you, for any reason at any time, at our sole discretion. In the event of a breach of these Terms by you, your rights to use our Site are automatically revoked.

14. Protection of Interests

You commit to protect, defend, and indemnify SurpriseGreeting along with its parent companies, affiliates, employees, officers, directors, shareholders, agents, partners, vendors, and licensors (collectively referred to as “SurpriseGreeting Parties”) against all claims, proceedings, costs, damages, losses, and expenses (including reasonable legal fees and costs) originating from or related to: (a) these Terms; or (b) usage of our Site. In any such situation, SurpriseGreeting reserves the right to choose legal representation and control the defense against the claim, while you are expected to cooperate with us reasonably.

15. Liability Limitations and Disclaimers

You accept that the use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. The SurpriseGreeting Parties, to the extent allowed by law, renounce all warranties, conditions, and affirmations of any kind, including but not limited to, those related to merchantability, suitability for a specific purpose, and those that arise from a course of dealing or usage of trade.

Specifically, the SurpriseGreeting Parties give no assurance or warranties about the accuracy or completeness of content on our Site or any content from third-party websites or social media platforms linked to our Site. The SurpriseGreeting Parties will not be held responsible for any: (i) errors or inaccuracies in content; (ii) personal injury or property damage resulting from your use of our Site; (iii) unauthorized access to our servers, user data, or personal information; (iv) interruption of transmission to or from our Site; (v) bugs, viruses, or the likes transmitted through our Site; (vi) any damages, losses, costs, or liabilities incurred due to content posted or shared through our Site.

You agree that downloading or obtaining material or information from our Site, including SurpriseGreeting Videos, is at your own risk, and you alone will be responsible for any resultant damages, losses, or liabilities. No advice or information obtained by you from us or through our Site will create any warranty not expressly made by us.

When using our Site, you accept that you’ll be exposed to content from various sources. SurpriseGreeting isn’t responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of such content. You understand and accept that you may encounter content that’s inaccurate, offensive, indecent, or objectionable, and you waive any legal rights or remedies you have or may have against any SurpriseGreeting Party regarding this.

To the fullest extent permitted by law, you accept that under no circumstances will any SurpriseGreeting Party be liable to you or any third party for any indirect, special, incidental, punitive, or consequential damages or for the cost of substitute products arising out of these Terms. This applies whether the liability arises from contract, warranty, tort, or otherwise, and whether or not we’ve been advised of such potential damages.

Our total liability to you or any third party under these Terms will be limited to the fees received by SurpriseGreeting from you in the 12 months preceding the claim, to the maximum extent permitted by law.

If your jurisdiction does not allow certain damage exclusions or limitations, then some or all of the above may not apply to you, and you may have additional rights.

You agree that these damage limitations are fundamental elements of the agreement between SurpriseGreeting and you.

16. Agreement on Arbitration and Waiver of Certain Rights

Arbitration: Both you and SurpriseGreeting mutually agree that any conflicts between you will be addressed through binding and final arbitration, instead of court proceedings. By this, both parties relinquish any right to a jury trial regarding any dispute or claim arising between you and SurpriseGreeting connected to these Terms or our Site (individually, a “Claim”, collectively, “Claims”). All Claims will undergo arbitration according to the American Arbitration Association (“AAA Rules”). An arbitrator will hear and decide upon these Claims. The arbitrator’s decision will be put in writing, explaining their reasons, and it will be final, binding, and enforceable in any competent court. The arbitration process will remain confidential, and any details (documents submitted or exchanged, oral testimonies, awards) will not be disclosed beyond the proceedings, except when required by law or by rules of securities regulatory authorities or other governmental agencies.

Costs and Fees: If you show that arbitration costs would be significantly more burdensome compared to litigation costs, SurpriseGreeting will pay the administrative and arbitrator’s fees as deemed necessary by the arbitrator. The final award may include an apportionment of arbitration costs and arbitrator’s compensation among the parties as deemed fit by the arbitrator.

No Preclusions: This arbitration agreement doesn’t prevent you or SurpriseGreeting from seeking action by federal, state, or local government agencies. Both parties maintain the right to bring qualifying Claims to small claims court. Both parties also retain the right to seek provisional relief, such as pre-arbitral attachments or preliminary injunctions, from any competent court without waiving the right to resolve disputes through arbitration as outlined in these Terms.

No Class Representative or Private Attorney General: Both parties agree that neither will: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants for any Claim. No Claim may be arbitrated on a class or representative basis. Only individual Claims may be decided by the arbitrator. The arbitrator may not consolidate or join the claims of other similarly situated individuals or parties.

Severability/No Waiver/Survival: If any provision of this Section 16 is deemed invalid or unenforceable, it will be appropriately modified to reflect the intended purpose or, if that’s not possible, severed, while the remainder of Section 16 remains fully effective. No provision in this section can be waived unless documented in writing signed by the waiving party. This Section 16 will persist even after your relationship with SurpriseGreeting ends.

30-Day Opt-Out Right: You have a 30-day right to opt out of this Arbitration Agreement by sending a written notice within 30 days of being subjected to this Agreement to: Surprise Greeting LLC, 31 Hastings Street STE6, Mendon, MA 01756. Include your name, address, any usernames, email addresses you’ve used for setting up an account on our Site, and a clear statement of your decision to opt out. If you opt out of this Arbitration Agreement, all other Terms continue to apply to you. Opting out has no effect on any other arbitration agreements you may have with us, now or in the future.

LIMITATIONS: This Section 16 restricts certain rights, such as the right to take certain legal actions, the right to a jury trial, the right to participate in class or representative claims, the right to conduct discovery except as outlined in AAA rules, and the right to certain remedies and forms of relief. Additionally, other rights you or SurpriseGreeting would have in court may not be available in arbitration.

17. Additional Terms

Force Majeure: None of the SurpriseGreeting Parties can be held responsible for any delay or failure in performance due to unforeseeable circumstances beyond their reasonable control. This includes but is not limited to acts of God (earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, disruptions in internet or communication services, government regulations or orders, war (declared or undeclared), terrorism, civil disturbances, blockades, strikes, or embargoes.

Choice of Law and Jurisdiction: The laws of the State of Illinois will govern these Terms, without regard to its conflict of laws rules. Any legal action related to these Terms or our Site must be filed only in the state or federal courts located in Boston, MA. You agree to the personal jurisdiction of these courts for any such action.

Severability: If any part of these Terms is found to be invalid or unenforceable, it will be modified to reflect its intended meaning or, if this is not possible, removed from these Terms without affecting the validity of the remaining provisions.

No Waiver or Amendment: If SurpriseGreeting fails to enforce any right or provision of these Terms, it does not mean that they waive the right to do so in the future and does not imply any change to these Terms.

Assignment: SurpriseGreeting reserves the right to transfer its rights and obligations under these Terms at any time, including to an affiliate or in connection with asset sales, mergers, acquisitions, reorganizations, bankruptcies, other transactions, or by law.

Miscellaneous: The term “including” in these Terms is to be interpreted broadly and means “including, but not limited to.” Titles are only for reference and do not impact the interpretation of these Terms.

18. Modifications to the Terms 

We reserve the right to modify these Terms. Should we make changes, the updated Terms will be published on our Site and the “Last Updated” date at the top of these Terms will be refreshed. The updated Terms will take effect immediately if you agree to them, such as by acknowledging when creating an account, logging into an existing account, or continuing to use our Site after the revised Terms have been published. If not explicitly accepted, the changes will automatically take effect 30 days after their publication.

— – – – – – Last edit 22 / 08 / 2023