Terms of Use



Welcome! ThankView, LLC (“we,” “our,” or “us”) provides its services through its website located at thankview.com along with related features, content, applications, and products (collectively the “Services,” “Site,” or “ThankView”).

We're excited that you’ve decided to use our Site! Before using the Site, please reads these Terms of Use (the “Terms” or the “Agreement”) carefully, along with any other policies or notices on the Site, and our Privacy Policy located at thankview.com/privacy. Together, these materials contain terms, rules, and guidelines related to your use of ThankView.

Overview

We know Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible. This section is a brief summary of the highlights of this Agreement. Please note when you accept this Agreement, you are accepting all of the terms and conditions and not just this section.

How You Accept This Policy

By accessing or using our Site you acknowledge that you have read, understood, and agree to these Terms, as well as the accompanying privacy policy located at thankview.com/privacy.

If you are a Business or Organization and want to use our Products for commercial purposes, you must create a business account and agree to our Business and Organization Terms of Use.

We may modify the Terms at any time. Any changes to the Terms will be reflected on this page and will become effective immediately upon posting. If the changes are significant, we will do our best to notify you via email or through a notification. Please check the effective date below to determine if there have been any changes since you have last reviewed the Terms.

If you do not agree to this Agreement or any modifications to this Agreement, you should not use our Site.

Eligibility

Only individuals who are at least 18 years old and can form legally binding contracts can use ThankView. If you are under 18 years old and would like to use ThankView, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity. You can only use our Site to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you. By using ThankView, you represent and warrant that you meet all eligibility requirements we outline in these Terms.

When you sign up for an individual ThankView account, we offer our Site only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Site for your minor child). Only if you sign up for a business ThankView account do we offer our Site for commercial use.

Account Information

If you sign up for a ThankView account, you will be responsible for maintaining the confidentiality of your password and account, if any, and will be fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session when accessing the Site. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

How to Create Video Greeting Cards

Select and Customize Your Theme: Choose one of the preselected theme options that will act as the opening credits for your Video Greeting Card. After you have selected a theme, you can change the color scheme and add music.

Select Your Envelopes: Select the color of the envelope which will appear in your recipients’ emails. And, if you’re signin business account, add a company logo, which will appear on the envelope. After your envelope is customized, you can add an optional link and message to your guests which they’ll see after they’ve viewed their Video Greeting Card. The optional link allows you to share photo albums, websites, or documents with your recipients.

Add Your Recipients: Add your recipients’ information one by one, or upload an excel file of your entire guest list.

Record Your Video: Name your event, choose a category, and start recording!

Sign Up and Login Information. Once you’ve created your ThankView Video Greeting Card, we’ll need your username, email, and a password to sign up for ThankView. This information is required in order to send video greetings.

Payment

For each Video Greeting Card that you purchase, you receive one ThankView credit (“Credit”). All Credits are saved in your account, and each Credit entitles you to send one Video Greeting Card, to a single email address, which you can track on the Site. All ThankView follow-up email communications and reminders for Video Greeting Cards that you send are free.

For Businesses. If you are signing-up to use ThankView as a business, we will work with your business or non-profit organization to agree on a pricing schedule that works for you. Once we reach agreed terms, we’ll invoice you on an annual basis.

Payment Processing. By submitting an order to purchase Credits on our Site, you authorize ThankView or its designated payment processor to charge the amount of your order to your selected payment option.

Non-Refundable. Purchases on ThankView are non-refundable. If you are using ThankView as an individual, please that credits are not refundable, whether or not used, and are not transferable, and abandoned Credits are subject to state escheat laws.

Third Party Services and Content

We utilize links and other tools to connect users to third party services and websites, such as Stripe to process payments and YouTube to provide you with free background music for your Video Greeting Cards (“Third Party Services”). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third Party Service through ThankView are solely responsible for complying with the terms and policies of these third parties.

In no event shall a description or reference to a third party’s product or service (including but not limited to providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service at any time.

Intellectual Property

ThankView contains copyrighted material, trademarks, service marks, and other proprietary information, including, but not limited to text, videos, music, sound, software, photos, and graphics (“Content”), which is protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights. Unless otherwise provided, we exclusively own, license, or have received permission from third parties to use the Content. Your use of the Site does not grant you any right, title, or interest in the Content. Reproduction of the Content of our Site without our written permission is prohibited.

As an individual user of the Site, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Content to send Video Greeting Cards. For businesses, we grant your business a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use our Content to send Video Greeting Cards. Whether you are an individual or a business, the aforementioned licenses will automatically terminate upon a violation of the Terms or the termination of an applicable ThankView account.

Your Use of Our Site

When using ThankView, you are agreeing to abide some common sense rules.

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws when using our Site. This includes any local, provincial, state, federal, national, or international laws that may apply to you.

Don’t Try To Harm Our System. You agree not to distribute any virus or other harmful computer code through ThankView. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.

Don’t Attempt to Circumvent Our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site, including without limitation other accounts, computer systems, or networks connected to the Site.

Don’t Steal From Us. You agree not to “crawl,” “scrape,” or “spider” ThankView or reverse engineer or attempt to obtain our source code or data.

Don’t Copy From Us. You agree not to copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of ThankView’s content, including without limitation any marks, in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise.

Any use of ThankView other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use ThankView.

License You Grant to Us Over User Content

ThankView allows you to create and upload your own video messages and replies (“User Content”). User Content posted or uploaded to ThankView belongs to you. However, we need your permission to use User Content in order for ThankView function and grow and to provide you with the ability to create and send Video Greeting Cards.

Permission to Use User Content. By posting or uploading User Content through our Site, including replying to a video message, you grant us a license to use it. Specifically (and apologies for the legalese), you grant ThankView a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable through multiple levels of sublicensees, perpetual license to use, publicly display (in any media or format), edit, stream, digitize, modify, reproduce, distribute, store, and prepare derivative works of User Content to provide our service and to promote ThankView, in any formats and through any channels, including across any service that we may own or any other third-party website or advertising medium. We may feature User Content on our Site and in related marketing and promotional materials (both digital and print). If we do feature your User Content in this way, we will contact you first.

Responsibility for User Content. You understand that you are solely responsible for User Content. By uploading or posting User Content to ThankView, you represent and warrant that you have all necessary rights to User Content and that you’re not infringing or violating any third party’s rights by posting it. When you submit, post, or otherwise direct communications to ThankView (through the use of our Site, via a telephone call with a member of our team, via email, or otherwise) you give us a license to modify, use, adapt, copy, and publish your User Content. You agree that this license includes the right for ThankView to use your User Content for promotional purposes and to improve the Site. You agree that the User Content provided to ThankView is non-confidential and that ThankView has the right to unrestricted use for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Prohibited Content

We prohibit certain types of items from being used in Video Greeting Cards. Some items present legal risks (e.g., copyright infringement), and others are inconsistent with our values or are harmful to our members. All such images, videos, and sound recordings in question will be judged on a case-by-case basis.

The types of images that we reserve the right to remove includes inappropriate, false, or misleading Content. This should be common sense, but there are certain types of content we don’t want posted on ThankView (for legal reasons or otherwise). We reserve the right to remove any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive, or in violation of any other part of our Terms. We also reserve the right to remove any content that is false, misleading, fraudulent, or deceptive.

DMCA Takedown Policy

If a user has uploaded any information, including but not limited to music, sound recordings, videos, and/or photos, to ThankView that infringes your intellectual property rights, you should send us a request to take down the content at jerry@thankview.com. Any such complaints or requests should include your name, mailing address, telephone number, email address, and physical or electronic signature.

Copyright Infringement

If you send us a request to take down content that infringes upon your copyright, your request should include:

Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): Jerry Bai.

Copyright complaints and requests can be sent directly to this agent at jerry@thankview.com. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.

Other Intellectual Property Infringement

If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, rights of publicity, etc.), your complaint or request should include:

Complaint Processing

Once we receive a complaint, we will make best efforts to review it as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content and will send a notice to the other ThankView user indicating that we have done so.

Counter Notice

If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at jerry@thankview.com. Any Counter Notice should include:

If we receive such a Counter Notice, we will re-upload the content, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.

Limitation of Liability & Disclaimer of Warranties

You understand and agree that we have no control over, and no duty to take any action regarding:

You release us from all liability related to you acquiring or not acquiring content through ThankView. ThankView may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through ThankView. Your interactions with organizations and/or individuals found on or through ThankView, including membership payment or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “THANKVIEW PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR THANKVIEW’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

Warranty Disclaimer

OUR SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the ThankView Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) User Content that you post, program, upload, use, distribute, store, or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule, or regulation, or the rights of any third party.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

No matter where you’re located, the laws of the State of New York will govern these Terms and the parties’ relationship as if you signed these Terms in New York, without regard to New York state’s conflicts of law rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of ThankView or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Note to International Users

ThankView is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by US law, you are transferring your personal information to the United States and you consent to that transfer.

Termination

We reserve the right to terminate your license to use ThankView or block or prevent your access to our Site, without providing you with notice or reason. In the event of termination, your obligations under this Agreement will still continue.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Arbitration & Waiver of Class Action

The parties agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. THE PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY. The parties agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of American Arbitration Association for arbitration of consumer-related disputes, in the English language, and with limited discovery. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, THE PARTIES WILL NOT COMMENCE AGAINST THE OTHER PARTY A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING.

Force Majeure

We shall not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Assignment

You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Agreement) and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Questions or Comments

We welcome comments, questions, concerns, or suggestions. Also let us know if you are interested in advertising on ThankView. Please send us a message on our contact page at info@thankview.com.

Effective Date: September 3, 2016

We know that Terms can be long. Thanks for making it to the end!