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SentBySanta™ Terms and Conditions:
Welcome to the SentBySanta™ website (the "Website").
By using or accessing the Website and our "Santa" letter
service (the "Service"), you are agreeing to comply with
and be bound by the following terms and conditions (the "Agreement"). Please review the following provisions of this Agreement carefully.
If you do not agree to all the terms and conditions contained in
this Agreement in its entirety, you are not authorized to use this
Website or the Service in any manner or form. SentBySanta™
is available solely for adults to purchase "Santa" letters
for their family and friends. This Website and Service is not intended
for use by children under the age of 18. If you are under the age
of 18, you are not authorized to use the SentBySanta™ Website
and you must have a parent or legal guardian purchase a letter on
your behalf.
By purchasing a "Santa" letter at the Website, you
understand and agree that the letter will contain a computer printed
signature in the fictitious name "Santa," not by a genuine
individual named Santa. Any reference to "Santa" appearing
at the Website refers to the fictitious character.
- Acceptance of Agreement. You agree to the terms and conditions
contained within this Agreement. This Agreement constitutes the
entire and only agreement between you and us, and supersedes all
prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Website and access to the
Service. We may amend this Agreement from time to time in our
sole discretion, without specific notice to you. The latest Agreement
will be posted at the Website, and you should review this Agreement
prior to using the Website and Service. By your continued use
of the Website and Service, you hereby agree to all the terms
and conditions contained within the Agreement in effect at the
time. Therefore, you should regularly check this page for any
and all updates and changes.
- Purchase. To become a customer ("Customer")
and purchase the Service, you must supply detailed information
concerning the purchaser, intended recipient and payment information
to complete the purchase. You agree to provide accurate, current
and complete information about yourself (the "Purchase Data")
as prompted by our online purchase form. You also represent that
we may rely on your Purchase Data as accurate, current and complete.
In addition, we may ask for credit card information or employ
some other age verification measure. We will use the information
you supply to bill your purchase. SentBySanta™ reserves the
right, in its sole discretion, to terminate or cancel a purchase
for inaccurate, untrue, deceptive and/or incomplete Purchase Data.
- The Service. Upon purchasing a "Santa" letter, we will create your personalized letter for mailing to the recipient(s) you indicate on our online purchase form. YOU MUST PLACE YOUR ORDER BY DECEMBER 13, 2007 IN ORDER TO ENSURE THE "SANTA" LETTER WILL BE DELIVERED BY CHRISTMAS TIME. IN ORDER TO HAVE A "SANTA" LETTER WITH A NORTH POLE POSTMARK, YOU MUST SUBMIT YOUR ORDER BY DECEMBER 7, 2007! OTHERWISE, THE "SANTA" LETTER WILL BEAR A REGULAR POSTMARK.
- Editing, Deleting and Modification. We reserve the right,
in our sole discretion, to edit or delete any documents, information
or other content appearing on the Website and Service. In addition,
SentBySanta™ reserves the right to alter a customized "Santa"
letter and/or refuse to send a "Santa" letter where
SentbySanta™ believes, in its sole discretion, that a "Santa"
letter is defamatory, threatening, abusive, harassing, vulgar,
unlawful, obscene and/or otherwise offensive.
- Fees/Termination. You agree to pay for all charges incurred
by you to purchase "Santa" letters, via the payment
method you supply. SentBySanta™'s costs are provided to you
at the Website and/or at the point of purchase, and may change
from time to time in SentBySanta™'s sole discretion. These
changes are effective when changed at the Website.
- Cancellation/Refund Policy. SentBySanta™ will cancel
and/or refund your "Santa" letter order if your cancel
and/or refund request, sent via e-mail, postal mail or telephone,
is received prior to the mailing of your order. HOWEVER, ONCE
MAILED, SENTBYSANTA™ DOES NOT ACCEPT AND/OR HONOR CANCELLATION
AND/OR REFUND REQUESTS. If your order is not received by the correct
recipient, your sole remedy is to permit SentBySanta™ to
send a replacement "Santa" letter to the correct recipient.
- Content/Conduct. As a Customer, you agree that you are
solely responsible for your customization of the "Santa"
letter content. You agree to use the Service in a manner consistent
with any and all applicable laws, rules and regulations, respecting
the rights of the recipient and with the highest regard to the
intellectual property rights of SentBySanta™, its licensors
and/or third parties.
You understand and agree that SentBySanta™ will not be
responsible for any loss or damage resulting from the mailing
of the "Santa" letter.
Any attempt by any individual, whether or not a Customer, to
damage, destroy, tamper with or vandalize this Website and/or
Service, or any portion therein, or otherwise interfere with
the operation of the Website and/or Service, is a violation
of criminal and civil law and SentBySanta™ will diligently
pursue all remedies in this regard against any offending individual
or entity to the fullest extent permissible by law.
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Use of Your Information. We reserve the right, and you
authorize us, to use and assign all information regarding your
Website and Service use, and any and all other personal information
provided by you, in any manner consistent with our Privacy Policy,
as amended from time to time, which is hereby made a part of
this Agreement. We may monitor your Website and Service usage
and use this information as required by any law, regulation
or court order.
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License Grant. You are granted a nonexclusive, nontransferable,
revocable and limited license to access and use the Website,
the Service and associated content in accordance with this Agreement.
SentBySanta™ may terminate this license at any time for
any reason.
You may use the Website and/or Service on one computer for
your own personal, non-commercial use. No part of the Website
and/or Service may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical.
You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, reverse engineer or transfer the Website
and/or Service, its associated content, or any portion thereof.
SentBySanta™ reserves any rights not explicitly granted
in this Agreement. You may not use any device, software or routine
to interfere or attempt to interfere with the proper working
of the Website and/or Service. You may not take any action that
imposes an unreasonable or disproportionately large load on
the SentBySanta™ infrastructure. Your right to use the
Website and/or Service is not transferable.
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Proprietary Rights. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion,
software, services and other matters related to the Website
and Service are protected under applicable copyrights, trademarks
and other proprietary (including, but not limited to, intellectual
property) rights. The copying, redistribution or publication
by you of any part of the Website and/or Service is strictly
prohibited. You do not acquire ownership rights to any content,
document, software, services or other materials viewed, accessed
and/or obtained at or through the Website and/or Service. The
posting of information or material at the Website does not constitute
a waiver of any right in such information and materials by SentBySanta™.
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External Links. The Website may provide, links to other
Internet websites and/or resources. Because SentBySanta™
has no control over such websites and/or resources, you hereby
acknowledge and agree that SentBySanta™ is not responsible
for the availability of such third party websites and/or resources.
Furthermore, SentBySanta™ does not endorse, and is not
responsible or liable for, any content, advertising, products
and/or other materials at or available from such third party
websites or resources, or for any possible damages and/or losses
arising therefrom.
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Indemnification. You agree to indemnify, defend and
hold harmless SentBySanta™, its parents, affiliates, officers,
directors, employees, agents, shareholders, licensors, suppliers
and attorneys (collectively, "Affiliated Parties")
from any and all against all losses, expenses, damages and costs,
including reasonable attorneys' fees, in-house counsel time
and settlement costs, resulting from any violation of this Agreement
and/or your use of the Website and/or Service. The provisions
of this paragraph are for the benefit of SentBySanta™ and
its Affiliated Parties. Each of these individuals and entities
shall have the right to assert and enforce these provisions
directly against you on its own behalf.
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WARRANTIES/LIMITATION OF LIABILITY. THE WEBSITE, SERVICE
AND "SANTA" LETTERS ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE).
THE WEBSITE, SERVICE AND "SANTA LETTERS" MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY
TO USE, THE WEBSITE, SERVICE OR A "SANTA LETTER."
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND/OR OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES
SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN BETWEEN YOU AND US. THE WEBSITE, THE SERVICE AND "SANTA"
LETTERS EACH WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE WEBSITE OR SERVICE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
UNDER NO CIRCUMSTANCES WILL WE AND/OR OUR AFFILIATED PARTIES
BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE MAILING
OR CONTENT OF ANY "SANTA" LETTERS. WE CANNOT GUARANTEE,
AND DO NOT PROMISE, ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE
AND/OR SERVICE. WE AND/OR OUR AFFILIATED PARTIES ARE NOT RESPONSIBLE
FOR ANY PROBLEMS WITH THE UNITED STATES POSTAL SERVICE INCLUDING,
WITHOUT LIMITATION, THE FAILURE OF A RECIPIENT TO RECEIVE A
"SANTA" LETTER BY CHRISTMAS AND/OR RECEIVING A "SANTA"
LETTER WITHOUT A NORTH POLE POSTMARK.
OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES
WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR THE
SERVICE. NOTWITHSTANDING THE FOREGOING, WE AND/OR OUR AFFILIATED
PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR
INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT
OR THROUGH THE WEBSITE OR SERVICE.
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Miscellaneous. You are solely responsible for providing
all personal computer and communications equipment necessary
to gain access to the Website and Service.
This Agreement shall be treated as though it were executed
and performed in New York, New York and shall be governed by
and construed in accordance with the laws of the State of New
York (without regard to its conflict of law principles).
Should a dispute arise concerning the terms and conditions
of this Agreement, or the breach of same by any party hereto,
the parties agree to submit their dispute for resolution by
arbitration before the American Arbitration Association in New
York City, in accordance with the Commercial Arbitration rules
of the American Arbitration Association then in effect. Any
award rendered shall be final and conclusive to the parties
and a judgment thereon may be entered in any court of competent
jurisdiction.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Website
and Service is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
SentBySanta™ does not guarantee continuous, uninterrupted
or secure access to the Website and Service. Creation and delivery
of "Santa" letters may be interfered with by numerous
factors outside of SentBySanta™'s control.
This Agreement sets forth the entire understanding and agreement
between you and SentBySanta™ with respect to the subject
matter hereof.
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Our Contact Information.
SentBySanta™
450 7th Ave Suite 403
New York, New York 10123
(888) 872-0922
Service@SentbySanta.com
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