Last Updated: November 1st, 2012
The terms and conditions set forth below (the "Terms") govern you and your relationship with us while on this site on the World Wide Web (the "site") and in connection with your use of this site, and are legally binding on you. If you do not agree with any of the terms, please do not access or otherwise use this site or any information contained on this site. This website allows you to create Personalized Santa letters, Personalized phone calls and Personalized Videos along with other content along with purchasing Personalized PackageFromSanta.com products. It is provided solely for your personal enjoyment which allows you to share with family and friends and for no other purposes. The term "you" refers to the user visiting and/or contributing a content to any PackageFromSanta.com website. For the purposes of these Terms, “PackageFromSanta.com website” includes, without limitation, the following websites: PackageFromSanta.com, BirthdayCallFromSanta.com, MyPhoneCallFromSanta.com and PersonalizedVideoFromSanta.com.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to these Terms in the appropriate location and indicate the updated date at the top of the webpage. Your continued use of PackageFromSanta.com after such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) PackageFromSanta.com. It is your responsibility to regularly check to determine if there have been changes to the Terms and to review such changes.
PACKAGEFROMSANTA.COM FREE MEMBER ACCOUNT
To create personalized content, this website requires you to create a PackageFromSanta.com free member account by entering your email address and password. We may also require the email address of the recipient of the personalized content and other information necessary to create the content. It is your responsibility to provide, maintain and update true, accurate, current and complete information about yourself. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including but not limited to using another person's username, password or other account information, or another person's name, likeness, image or photograph. You also agree to promptly notify PackageFromSanta.com by email of any unauthorized use of your username, password other account information, or any other breach of security that you become aware of involving or relating to PackageFromSanta.com.
ELIGIBILITY/REGISTRATION INFORMATION AND ACCOUNT SECURITY
As a condition for your use of this website, you warrant that (i) you are at least eighteen (18) years of age; (ii) you (or your legal guardian) possess the legal authority to create a binding legal obligation; (iii) you will use this website in accordance with these Terms; (iv) all information supplied by you on this website is true, accurate, current and complete, and (v) if you have an account with us, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms.
In these Terms, we use the word "Submissions" to mean text, messages, photographs, images and other information or content that you may upload through PackageFromSanta.com to create your personalized content, including your and/or other persons' personal information. You represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to PackageFromSanta.com pursuant to these Terms, and agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral or similar rights, or make any claims that any Submissions are objectionable or otherwise defamatory under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.
We, our licensees and other authorized users shall be entitled to transmit and disclose through PackageFromSanat.com all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
In addition, you are fully responsible for the content of your Submissions, and you are prohibited from posting or transmitting to or from this website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material, or content that you have not been authorized to post or that would violate rights of publicity and/or privacy or any other law or regulation, or any material which may be interpreted as offensive to a child or an adult; (ii) any content that is violent, vulgar, obscene, pornographic or otherwise sexually explicit or otherwise harms any person or entity, is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to, engage in child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, or conspiracy to commit any criminal activity; (iii) any commercial material or content (including, but not limited to, advertising, or marketing of any good or services); (iv) viruses, corrupted data or other harmful, disruptive or destructive files; and (v) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions to this website. You acknowledge that PackageFromSanta.com may exercise its rights (e.g., rights to use, publish and/or delete) with respect to any Submission without notice to you.
PackageFromSanta.com policies with respect to claims by third parties that the content of the website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
The content and information on this website, as well as the infrastructure used to provide such content and information, is proprietary to us and/or our suppliers and providers. While you may view the Content you created as long as it is available and send links to others to do same, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the content purchased from or through this website. Additionally, you agree not to: (i) use this website or its contents for any commercial purpose; (ii) access, monitor, or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers of this website or bypass or circumvent other measures employed to prevent or limit access to this website; (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (v) deep-link to any portion of this website for any purpose without our express written permission; or (vi) "frame", "mirror", or otherwise incorporate any part of this website into any other website without our prior written authorization.
Subject to your compliance with these Terms, PackageFromSanta.com grants you a non-exclusive, non-transferable, revocable limited license to access and use this website using a web browser or mobile device, solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
Except for Submissions you may upload to our servers while creating your personalized content, all content accessed through the PackageFromSanta.com website, including applications, designs, graphics, music, pictures, software, sound, text, video, and other content and their layout, are proprietary property of PackageFromSanta.com, its users, or its licensors with all rights reserved. None of this content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form by any means, in whole or in part, without PackageFromSanta.com prior written permission, unless the content is purchased as allowed by the website, in which case your rights shall be governed by the Terms of Sale. In return, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to transmit to the recipient (or any other person) of the personalized Content and to any Submission that you upload onto the PackageFromSanta.com website. Except for Submissions, you may not upload or republish any of PackageFromSanta.com content on any internet, intranet, or extranet site or incorporate the information in any other database or compilation. This license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of PackageFromSanta.com other than as specifically authorized herein, without the prior written permission from us, is strictly prohibited and will terminate the license granted herein. Such use may also violate applicable laws, including copyright and trademark laws. You agree and acknowledge that we transfer no ownership interests in (i) PackageFromSanta.com or (ii) in the intellectual property of PackageFromSanta.com to you under these Terms or otherwise.
PackageFromSanta.com, and other company graphics, logics, designs, page headers, icons, scripts, and service names are registered trademarks, trademarks or trade dress of PackageFromSanta.com in the United States. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without prior written permission from us. All other brand and product names used herein or on the PackageFromSanta.com website are trademarks or registered trademarks of their respective owners.
WARRANTY/LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE ARE PROVIDED TO YOU "AS IS" AND MAY INCLUDE INACCURACIES OR ERRORS. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF PACKAGEFROMSANTA.COM IS AT YOUR SOLE RISK.
PACKAGEFROMSANTA DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO ANY INFORMATION, PHOTOGRAPH(S), ETC., DISPLAYED ON THIS WEBSITE OR IN RESULTING CONTENT. PACKAGEFROMSANTA.COM IS NOT RESPONSIBLE FOR ANY CHARGES INCURRED BECAUSE OF THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO BANDWIDTH OVERAGE CHARGES. FURTHERMORE, PACKAGEFROMSANTA.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, VIDEO, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY PACKAGEFROMSANTA.COM. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PACKAGEFROMSANTA.COM AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT BY PACKAGEFROMSANTA.COM AND/OR ITS SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PACKAGEFROMSANTA.COM AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, VIDEO, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL PACKAGEFROMSANTA.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF PACKAGEFROMSANTA.COM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, PackageFromSanta.com are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of PackageFromSanta.com will in no event exceed, in the aggregate, the greater of (i) the fee, if any, you paid to PackageFromSanta.com in connection with the services available on this website, or (ii) One Hundred U.S. Dollars (US $100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of the PackageFromSanta.com.
ENFORCEMENT OF TERMS
If you fail to fulfill any of your obligations under these Terms, we may terminate your rights granted under these Terms and may pursue all available legal remedies to enforce these Terms. Should legal remedies be used to enforce these Terms, you agree to reimburse us for any and all legal and accommodation expenses arising from the dispute. You agree that our licensors referenced on the PackageFromSanta.com website may enforce these Terms as it relates to their intellectual property.
You agree to defend and indemnify PackageFromSanta.com and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your breach of these Terms or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this website.
This Website is operated by a USA entity and these Terms are governed by the laws of Michigan. Additional rules may also apply in your jurisdiction. You hereby consent to the exclusive jurisdiction and venue of courts sitting in the state of Michigan for all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. We make no representation that PackageFromSanta.com is appropriate or available for use in any particular location. Those who choose to use PackageFromSanta.com do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Our performance of these Terms is subject to existing laws and legal process(es), and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or any information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this website within two (2) years from the date on which such claim or action arose or accrued or the date such claim or cause of action will be irrevocably waived.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and PackageFromSanta.com with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and PackageFromSanta.com with respect to this website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
LAWS GOVERNING WARRANTIES AND LIABILITY
The law(s) of jurisdiction may define the scope of warranty to be provided for services or the manner in which the supplier’s liability may be limited and such law(s) shall govern these Terms only to the extent of a party protected by such law(s) cannot waive the protection by contract. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or allow the exclusion of implied warranties; therefore, some of the limitations and exclusions above may not apply to you, or you may have other rights not explicitly mentioned herein.
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