Last Updated: November 16, 2017
1. ACCEPTANCE OF TERMS
The Site is intended for users of all ages; however, only adults are allowed to create an account on the Site. If you are under the age of 13, you are not allowed to use the Services or create an account without prior verifiable consent from your parent or legal guardian (“Parental Consent”).
2. DESCRIPTION OF THE SERVICES
We operate and maintain the Site and Services, which provides messages from Santa and holiday activities for the whole family to enjoy the magic of Christmas. Through the Services, adults are able to send text messages from Santa to their children, family, and friends. The Site offers a dedicated page for children under age 13 to send a message to Santa and receive a reply from an email address dedicated to Santa, free downloadable coloring pages, a blog for parents and children, and additional pages with information that may be of interest.
3. LICENSE TO USE THE SITE
4. ACCOUNT SIGN UP
5. ACCOUNT TERMINATION
You may terminate your account at any time for any reason by texting “STOP” in reply to any message from Santa or by sending us an email notice with the subject line “Please Delete My Account” to firstname.lastname@example.org. Any termination request will be honored within five (5) days of receipt and daily messages will no longer be sent by Santa to your designated recipient.
6. PAYMENT FOR MESSAGES FROM SANTA
We reserve the right to refuse any payment placed through the Site. You are responsible for payment of the Services for messages from Santa by means of a payment option made available through the Site at the time of making your payment. We use third party providers and may accept various their party services to process payments. All payments shall be in U.S. dollars. You agree to pay the amount shown on the Site and you authorize us to charge the chosen payment provider. 100% Money back guarantee. If you are not satisfied with personalized texts from Santa.com within 3 days of your order, we will issue a full refund for your purchase.
7. USER REPRESENTATIONS
8. EMAILS TO SANTA AND OTHER SUBMISSIONS
You acknowledge and agree that any emails to Santa, letters, drawings, colored pictures, questions, comments, suggestions, ideas, feedback or other materials regarding the Site or Services ("Submissions") submitted by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and we will be entitled to the unrestricted use and dissemination of your Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
9. PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS
10. COPYRIGHT INFRINGEMENT NOTIFICATION
We respect the intellectual property rights of others and request that all users of the Site or Services do the same. If you believe that any content available in or through the Site infringes upon any copyright you own or control, you may send our designated copyright agent (“Copyright Agent”) written notification (“Notification”) in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”). Send your Notification by email to CopyrightAgent@santa.com. Please see DMCA 17 U.S.C. § 512(c)(3) for the requirements for a proper takedown notification. Upon receipt of your Notification, we will remove or disable access to the content identified in your Notification; however, we may ask you to provide further or supplemental information prior to removing any content from the Site. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located in or linked to it via the Site infringes upon your copyright protections, you should consider first contacting an attorney. We also will advise the alleged infringer of the DMCA statutory counter notification procedure by which the alleged infringer may respond to your claim and request that we restore this content. Please note that the Copyright Agent receives Notifications and Counter Notifications only. Any other notices, feedback, comments, requests, and messages should be directed to email@example.com.
11. THIRD PARTY WEBSITES
The Site may contain links to other mobile applications or websites, including Facebook and Instagram ("Third Party Websites"). Such Third Party Websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed via the Site. Inclusion of, linking to, or permitting the use or installation of any Third Party Website does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate to from the Site. Any purchases you make through Third Party Websites will be through other websites and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you will hold us harmless from any harm caused by your purchase of such products or services. Additionally, you will hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any contact with Third Party Websites.
12. MANAGEMENT OF THE SITE
13. OPERATIONAL NOTICE
Full use of the Site and Services are dependent upon Internet access and a mobile device. The maintenance and security of your mobile device may influence the performance of the Services in connection with text messages from Santa and it is your responsibility to ensure the functionality of the mobile device. The Services may not operate properly with all mobile devices or all mobile service providers. We make no representation that the Services will be compatible with your mobile device or service provider. YOU UNDERSTAND THAT TEXT AND/OR DATA RATES MAY APPLY FROM YOUR MOBILE SERVICE PROVIDER FOR USE OF THE SERVICES. You expressly agree that you are responsible for all text charges, data charges, and other expenses resulting from use of the Services. You may unsubscribe from receiving text messages from Santa any time. To unsubscribe, text “STOP” in reply to any text message. We will terminate your account and you will not receive a refund (or partial refund) of any payment made with respect to the Services.
15. USE BY CHILDREN
Please be advised that the Site is hosted in the United States (even when Santa is at the North Pole). We do not knowingly accept, request, or solicit information from or knowingly market to children under the age of 13. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personally identifiable information to us without the requisite and verifiable Parental Consent, we will deactivate such user’s account and take reasonable measures to delete that information from our records as quickly as is reasonably practical. If you become aware of any information we have collected from a child under the age of 13, please contact us at firstname.lastname@example.org. If you are a child, you represent that you have received Parental Consent to create an account and/or use the Services and that any information you provide to us is accurate and complete and not deceptive or misleading. We will not be held responsible for children purchasing Services with a parent or guardian’s credit card.
THE SITE, SERVICES, AND ALL OTHER CONTENT AND MATERIALS ASSOCIATED WITH THE SITE OR SERVICES ARE PROVIDED ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICES, AND YOUR USE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OR ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND MATERIALS ON THE SITE OR THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS: (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF ANY PRODUCTS OR SERVICES. YOU ARE CAUTIONED TO USE THE SITE AND THE SERVICES AT YOUR OWN RISK.
17. LIMITATIONS OF LIABILITY
19. MODIFICATIONS, CORRECTIONS, AND INTERRUPTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
20. GOVERNING LAW, VENUE, AND JURISDICTION
21. ELECTRONIC COMMUNICATION
22. GENERAL PROVISIONS
23. CONTACT US