image

TERMS OF USE FOR Santa.com

Last Updated: November 16, 2017

1. ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS OF USE CAREFULLY. The website Santa.com, which includes all associated social media sites or pages and any related mobile application (collectively, the “Site”) as well as the various content, features, tools, products, services and other materials offered or available in connection with the Site (“Services”) are operated by Santa Holdings II, LLC (“we,” “us,” or “our”). We want to make this Christmas season a great one by providing messages from Santa and holiday activities for the whole family to enjoy the magic of Santa. These Terms of Use constitute a legally binding agreement made between us and visitors, customers, parents, guardians, children, and other users (“you” or “your”) of the Site or Services. Please read these Terms of Use carefully before accessing the Site or using the Services. In consideration of your accessing the Site, you acknowledge the importance of protecting the integrity of the Site and Services for all users and you expressly agree to be bound by these Terms of Use and our privacy policy and you further agree to follow any additional rules, requirements, practices, and guidelines that are posted on the Site from time to time. YOUR USE OF THE SITE AND SERVICES IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES.

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

Subject to full compliance with these Terms of Use, we grant you a limited, nonexclusive, nontransferable, non-assignable, revocable license to access and use the Site for your informational and non-commercial use only, provided that you agree NOT to: (a) download any portion of the Site, except as expressly permitted on the Site; (b) republish, incorporate, or otherwise use the Site or reproduce, distribute, or publicly display any Services without our express written consent; (c) access the Site through automated or non-human means, whether through a bot, script or otherwise; (d) use data mining, scraping, or other data gathering or extraction methods on the Site; (e) hack or interfere with the Site, our servers or any connected networks; (f) upload corrupted files or introduce any virus, Trojan horse, worm, time bomb, cancel-bot, or other computer programming routine or similar software intended to damage, detrimentally interfere with, attack, surreptitiously intercept or expropriate any system, data, or personal information or otherwise attempt to interfere with the proper operation of the Site; (g) modify or otherwise make derivative use of the Site; (h) use the Site or Services for any illegal or unauthorized purpose or in any way that violates applicable federal, state, local, or international law; (i) impersonate another user or any other individual, whether real or fictitious, or provide us with false information about yourself; (j) use the Site to gain advertising or subscription revenue; (k) sell advertising on the Site or any other website that is targeted to any of our Services; (l) use the Site or Services to engage in any conduct that harasses, intimidates, bullies, or otherwise restricts or inhibits the use or enjoyment of the Site and Services by any other user, or which we find, in our sole discretion, harms or may harm us or users of the Site in any way; (m) use the Site or Services for commercial use or gain; (n) bypass any measures employed by the Site to restrict or prevent access to the Site or certain areas of the Site; (o) upload, transmit, or otherwise submit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any person, including any privacy or publicity rights; (p) use the Site in any way that we find, in our sole discretion, competes with or displaces the market for the Site or the Services; and (q) restrict or inhibit any other user from using and enjoying the Site and Services. Any use of the Site other than as specifically authorized in these Terms of Use is strictly prohibited and will immediately and automatically terminate the license granted in these Terms of Use. We reserve the right to refuse to grant access to or use of the Site to any person for any reason at any time.

4. ACCOUNT SIGN UP

Full use of the Services requires that you sign up and create an account on the Site. You agree to provide current, complete, and accurate account information. You are responsible for all use of your account under any name or password by any person or entity and for ensuring that your account complies with the provisions of these Terms of Use. Please notify us immediately of any unauthorized use of your password or your account. You understand and agree that we will have no liability associated with or arising from your failure to maintain accurate information.

5. ACCOUNT TERMINATION

We may terminate your account and suspend your access to the Services in the event you breach these Terms of Use or for any other improper conduct, at our sole discretion and without prior notice to you. If we terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, and we may prohibit you from future use of the Site and Services. In addition to terminating your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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 elves@santa.com. 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.

Please be advised that account termination either by us or by you will not affect your obligations to us under these Terms of Use, which by their sense and context are intended to survive such termination. Upon account termination, all licenses and other rights granted to you under these Terms of Use will immediately cease. We will not be liable to you or any other person for any termination of your account or suspension of your access to the Services. You will not receive a refund (or partial refund) of any payment made with respect to the Services. Upon account termination, we will have no obligation to maintain any information stored in our databases related to your account or to forward any information to you or any other person.

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

By using the Site or Services, you represent and warrant that: (a) all information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such information to keep it true, accurate, current, and complete; (c) you will keep your password confidential and will be responsible for all use of your password and your account; (d) you will immediately notify us of any known or suspected unauthorized use of your password or your account, or any known or suspected loss, theft, or unauthorized disclosure of your password; (e) you have the legal capacity and you agree to comply with these Terms of Use; (f) you are not a minor, or if you are a minor, you have received Parental Consent to use the Services; (g) you will not access the Site or Services through automated or non-human means, whether through a bot, script, or otherwise; and (h) you will not use the Site or Services for any illegal or unauthorized purpose and your use of the Site or Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or the Services (or any portion thereof).

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

Unless otherwise indicated, the Site, its content, all source code, databases, functionality, software, designs, audio, video, text, photographs, images, graphics, and other materials on the Site or that are associated with the Services (collectively, “Proprietary Materials”) are owned or controlled by us or other parties that have licensed or otherwise provided their content to us. Proprietary Materials shall be protected in all forms, shapes, mediums, and capacities, whether or not specifically delineated in these Terms of Use. The trademarks, service marks and logos (“Marks”) contained within Proprietary Materials are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Site and Services are intended for your personal and non-commercial use only. The Proprietary Materials and Marks are provided in the App “AS IS” for your information and personal use only. No part of the Site or Services and no Proprietary Materials or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site and Services, you are granted a limited license to access and use the Site and the Proprietary Materials and to download or print a copy of any portion of the Proprietary Materials to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Services, Proprietary Materials, and Marks.

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 elves@santa.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

We reserve the right, but not the obligation, to: (a) monitor the Site and Services for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and (c) otherwise manage the Site and Services in a manner designed to protect our rights and property and to facilitate the proper functioning 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.

14. PRIVACY POLICY

Protecting privacy of information is an important priority for us. Any information collected in association with the Site or Services is subject to our privacy policy and by accepting these Terms of Use you agree to be bound by our privacy policy.

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 elves@santa.com. 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.

16. DISCLAIMERS

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

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT MAY RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE OR THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR ANY PROVISION OF THESE TERMS OF USE, AS YOUR SOLE AND EXCLUSIVE REMEDY, YOU MAY DISCONTINUE USING THE SITE AND/OR THE SERVICES. ALTHOUGH WE WILL NOT BE LIABLE FOR YOUR LOSSES CAUSED BY AN UNAUTHORIZED USE OF THE SITE OR THE SERVICES, YOU MAY BE LIABLE TO OTHERS, AS WELL AS TO US, IF YOU USE THE SITE OR THE SERVICES IN VIOLATION OF THESE TERMS OF USE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless and all of our respective officers, agents, partners and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) your Submissions; (b) your use of the Services; (c) breach of these Terms of Use; (d) any breach of your representations and warranties set forth in these Terms of Use; (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or (f) any overt harmful act toward any user of the Site, Services, or other third party. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

19. MODIFICATIONS, CORRECTIONS, AND INTERRUPTIONS

We reserve the right, in our sole discretion, to change, modify, or remove the contents of the Site or any of the terms or conditions contained in these Terms of Use at any time or for any reason at our sole discretion without notice to you. Any new feature or tool added to the Site or the Services will also be subject to these Terms of Use. However, we have no obligation to update any information in the Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any other third party for any modification, suspension, or discontinuance of the Site or the Services. Any changes or modifications will be effective immediately upon posting the revised Terms of Use on the Site and you waive any right to receive specific notice of each such change or modification. Your continued use of or access to the Site or Services after such posting means you accept and agree to be bound by the modified Terms of Use. We encourage you to periodically review these Terms of Use to stay informed of updates. You agree to be responsible for monitoring changes to the Site or Services.

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.

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Services during any downtime or discontinuance of the Site or the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Services or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW, VENUE, AND JURISDICTION

These Terms of Use and all claims as between you and us arising from or related to use of the Site or Services will be governed by, construed, and interpreted in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to conflict-of-law principles. You and us both consent to venue and personal jurisdiction in Santa’s winter home of Palm Beach County, Florida and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

21. ELECTRONIC COMMUNICATION

By accessing the Site or otherwise using the Services, you understand and agree that we may use the information we collect to contact you using various electronic communication methods for a variety of purposes, such as to inform you of additional features of the Site or Services or for purposes of informing you of any related services that may be of interest (any such contact is hereafter referred to as “Promotional Messages”). You agree that any Promotional Messages we may transmit to you electronically will satisfy any legal communication requirements, including that such communication be in writing. Please be aware that text and/or data rates may apply to Promotional Messages you may receive via your mobile device, depending on the data plan you have with your mobile service provider. We have no intention of spamming you with unwanted messages and you may opt out of Promotional Messages at any time by following the unsubscribe instructions included in each email. Please see our privacy policy for further information on how we manage and process your personally identifiable information.

22. GENERAL PROVISIONS

These Terms of Use and any policies or operating rules posted by us in the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act arising out of or on account of any cause beyond our reasonable control. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision is deemed stricken from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

23. CONTACT US

If you have any comments, questions, concerns, or want to report a violation regarding these Terms of Use, please inform us by email to: elves@santa.com. We will try to address all issues to the best of our abilities.

Welcome! Please help us find you on the Nice List.

Forgot your password?
Does your password need more sparkle? To reset it, just enter your email address, and Cinnamon the IT Elf will send you a link right away.

Thanks! If you entered the correct email address, you should be getting a message from Cinnamon shortly. Why not fix yourself a cup of hot cocoa while you wait?