Terms of Use

Effective Date: July 7, 2020

 

In these Terms of Use, SantaTime and its affiliates are referred to as “SANTA,” “we,” and “our.” These Terms of Use govern your use of SANTA’s websites; mobile applications; online content, digital products, and services; software applications and platforms; and any other SANTA products and services (collectively, the “Services”). Some of our Services may include software that is downloaded to your computer or mobile device and may be automatically updated from time to time; these Terms of Use will apply to all such updates. Please read these Terms of Use carefully, and contact us if you have any questions.

 

1. This is a Binding Contract

By checking the box indicating that you agree to SANTA’s Terms of Use and Privacy Policy, you are agreeing to enter into a legally binding contract with SANTA (“Terms”), even if you are using the Services on behalf of a company, government agency, or other entity. Please read these Terms carefully before clicking “Submit.” If you do not agree to the Terms, do not check the box indicating that you agree to SANTA’s Terms, do not click “Submit,” and do not use the Services.

 

2. Changes to the Terms

SANTA reserves the right to modify these Terms and to initiate new or additional terms or conditions pertaining to your use of the Services at any time. If we make changes to the Terms that will significantly impact your user experience, we will provide notice through our Services or other means to provide you the opportunity to review the changes before they become effective. If you desire, you may terminate the Terms as described in the section entitled “Changing and Terminating Services.” Otherwise, your continued use of the Services will constitute your acceptance of the changed or new terms.

 

3. Who May Use Services

A. Adult Users

To use the Services that are available for adults over the “Minimum Age” (“Adult Users”), you agree that you: (1) are at least the “Minimum Age” described below; (2) have the authority to enter into these Terms if you are doing so on behalf of a company, government agency, or other organization; and (3) will use the Services in compliance with these Terms and all applicable laws. “Minimum Age” means 18 years of age unless local law requires that you must be older in order for SANTA to lawfully provide the Services to you without parental consent (including use of your personal data), then the Minimum Age is the older age of consent applicable in your jurisdiction.

B. Teen Users

To use the Services that are available for teens between the ages of 13 and 18 (“Teen Users”), you agree that you: (1) are at least 13 years of age; (2) will provide written evidence of your age when asked by SANTA; and (3) will use the Services in compliance with these Terms and all applicable laws. Please note that not all Services may be available to Teen Users.

C. Child Users

If you are under the age of 13 (a “Child User“), you may not create or register an account for the Services without consent and approval from your legal parent or guardian, or from your school as provided below (if applicable). If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. Except for accounts created for School Use as provided below, a Child User that begins the registration process for himself or herself without a Parent User (as defined below) may have the registration process suspended until a parent or legal guardian approves or assumes responsibility for the Child User account. Please note that not all services may be available to Child Users.

D. Parent Users

If you are an Adult User and you are the legal parent or guardian of a child that seeks to register as a Child User of the Services, you may register a parent account on the Services (“Parent User“). Through a Parent User account, you may create, register, manage and approve Child User accounts only for your own child(ren) or child(ren) for whom you are a legal guardian. IF YOU REGISTER, APPROVE OR CONSENT TO THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD USER, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD USER’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD USER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICES BY THE CHILD USER. You acknowledge that we may choose, but we are not obligated, to make any inquiries, either directly or through third parties, that we deem necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Khan Academy reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. A Parent User account, along with all associated Child User accounts, may be terminated by AFI at any time and without warning for any failure to abide by these Terms.

E. School Use

SANTA may make available certain features and tools that permit Adult Users registered as teachers, school leaders, aides, or other similar school personnel (“School Personnel“) to work with Child Users through the Services in order to provide such students with tutorial, educational and other education-related services as part of the school’s curriculum, and to review and evaluate educational achievement and progress of such students. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an “Institution“), the following terms apply to you:

  • Limitations on Use. The Services are provided to you for educational purposes as part of the school curriculum. You must use the Services in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services or access to the Services.
  • Responsibility for Consent and Notices. You and/or the Institution assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users’ use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age. IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EITHER, A “SCHOOL USER“) OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT OR LEGAL GUARDIAN OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE SERVICES AND PROVIDE TO SANTA THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER. Specifically you agree, individually and on behalf of the Institution, that:
    • You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education’s implementing regulations at 34 CFR Part 99 (collectively, “FERPA“), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, “Applicable Privacy Law“).
    • You assume sole responsibility (and hereby agree that SANTA is not responsible for) for providing appropriate notices and disclosures to students using SANTA for classroom use (“Students” or “Student Users“) and their parents regarding Student use of the Services, our Terms, and our Privacy Policy, including any notices required by the Children’s Online Privacy Protection Act (“COPPA“), FERPA, or other Applicable Privacy Law.
    • You assume sole responsibility (and hereby agree that SANTA is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Services, and disclosure of personally identifiable information to SANTA in connection therewith. You represent and warrant to SANTA that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including: (1) under FERPA, you have complied and will comply with the “school official” exception, or the “directory information” exception thereunder; and (2) under COPPA, with respect to Students under the age of 13, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student’s personal information.
    • We refer to this as a “School Consent”. If a Parent User does not consent or rescinds such School Consent, School Personnel or the Institution shall immediately notify SANTA to discontinue that Student’s access to the Services and ensure that such Student’s information is no longer accessible through the Services. Under no circumstances will SANTA be liable for the School Personnel’s failure to consult their school’s authorities and administrators or for failing to obtain School Consent when required.

 

F. International Users

SANTA operates the Services in the United States and may also opt to operate the Services in the UK and/or the EU from time to time. If you choose to access our Services from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States, and in the UK and the EU from time to time. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Services are appropriate or available for use in jurisdictions outside the United States. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render SANTA in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.

 

4. Your Account

As an account holder, you agree to: (1) use the same name you use in everyday life; (2) provide accurate and complete information about yourself and update the information to keep it accurate and complete; (3) create and deploy a strong and secure account password; (4) keep your password secure and confidential; (5) not transfer your account password or permit access to your account or account privileges to anyone else without our written permission; and (6) follow these Terms, all applicable laws, and based on the Services used, follow the SANTA Privacy Policy and Cookie Statement, other applicable SANTA policies, any terms specific to a particular Service, and the SANTA Acceptable Usage Guidelines.

Privacy Policy and Your Privacy Choices

We may need to collect and process your personal data to provide the Services. SANTA’s practices related to processing of individual personal data is described in our Privacy Policy and Cookie Statement. We encourage you to review the terms of our Privacy Policy and Cookie Statement and your privacy choices before using our Services.

When you interact directly with others while using our Services, you should be cautious about the personal information you decide to share with them. We do not control what others choose to do with any personal information they obtain from users while using our Services, and we cannot be responsible for such use.

Communications

You agree that SANTA may provide notices and messages to you in the following ways: (1) within the applicable Service; and (2) sent to the contact information methods you provide us (e.g., email, mobile number, etc.). You agree to keep your contact information up to date in your account so that we may reach you when needed.

Please review your settings to control and limit the types of User Content and messages you receive from SANTA, as applicable. You may unsubscribe from our newsletters using the link in the newsletters at any time.

Payment

If you buy any Services, you agree to pay the applicable fees and taxes. Paid Services will be subject to additional invoice, payment and refund terms and conditions presented to you at the point of sale.

 

5. User Content and Information

A. User Content

The Services features may include messaging and sharing content that you provide, such as information about you, your activities with SANTA, written information and commentary about SANTA or relevant third-party content, photos, video files, audio files, and other materials (“User Content”). You agree that SANTA is not obligated to publish any User Content and may remove it in its sole discretion, without notice. SANTA is not responsible for examining or evaluating User Content or the accuracy of any materials you or others post.

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting Feedback, you grant us the right to use the Feedback without any restriction or obligation, or any compensation to you.

Services may only be available in English at this time, and are not available in all countries. SANTA makes no representation that the Services are appropriate or are available for use in any particular location. To the extent you choose to access and use the Services, you do so at your own initiative and agree to use the Services only as permitted by these Terms and any applicable laws or regulations (including any local laws), as well as any additional policies or guidelines SANTA may adopt.

B. Unauthorized Use and User Content:

You agree that you will not use the Services for unlawful and unauthorized purposes. You may not use the Services in conflict with these Terms, the Acceptable Usage Guidelines, or applicable law.

You agree that, when using our Services, you will not share or upload User Content that:

  • contains illegal material or promotes illegal activities;
  • contains threats or is intended to organize acts of violence;
  • harasses others through the use of abusive or otherwise inappropriate content directed at private individuals;
  • violates intellectual property, privacy, or other rights of another party. To be clear, you should never share content that you do not have the right to share, claim content that you did not create as your own, or otherwise take someone else’s intellectual property or other rights. You should always attribute materials used or quoted by you to the original copyright owner; and
  • spams others. Do not share irrelevant or advertising, promotional, or solicitation content.

In addition, unless you have prior written authorization from SANTA, you agree not to do any of the following:

  • misrepresent your identity;
  • misrepresent your affiliation with any person or entity, including SANTA;
  • share your password or otherwise put your account at risk;
  • use or attempt to use another user’s account;
  • engage in contact mining, soliciting email addresses or other personal information from other users;
  • send promotional communications using information from any User Content, SANTA Materials or other SANTA hosted resources;
  • develop, support, or use software, devices, scripts, robots or another means to scrape the Services or otherwise copy profiles or other data from the Services;
  • override any security feature or bypass or circumvent any access controls or use limitations of the Services;
  • post anything that contains viruses, worms, malware, or any other harmful code;
  • reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • deep-link the Services for any purposes;
  • use bots or other automated methods to access the Services, add or download contacts, send or re-direct messages;
  • monitor Service availability, performance or functionality;
  • engage in “framing” or “mirroring” or otherwise simulating the appearance or function of the Services;
  • overlay or otherwise modify the Services or their appearance;
  • interfere with the operation of, or place an unreasonable load on, the Service (e.g., overloading, spamming, mail-bombing, etc.);
  • access, tamper with, or use non-public areas of SANTA’s systems;
  • attempt to break or circumvent authentication or security measures or otherwise test the vulnerability of SANTA systems or networks;
  • reproduce, transfer, sell, resell, or otherwise misuse any content from the Services; and
  • assist another user or any other third party in engaging in any of the above behaviors.

For more details and examples of the types of behavior that are prohibited when using the Services and what to do if you observe them, please consult the Acceptable Usage Guidelines.

You are also responsible for ensuring that all User Content you share complies with the Acceptable Usage Guidelines and applicable law, including respecting the intellectual property rights of others. Specifically you agree not to upload or to provide illegal or inappropriate content or information, or content or information that is protected by intellectual property rights (such as copyright, trademark, patents, etc.) for which you do not have a valid license (“Unauthorized Content”).

We reserve the right to remove User Content you share as well as to terminate your further use of the Services in the event you breach these Terms or other applicable SANTA terms and conditions, SANTA policies, the Acceptable Usage Guidelines, or applicable law or regulations.

 

6. Limited License

A. SANTA Materials:

SANTA may, from time to time, provide you access to certain SANTA proprietary documentation, information, software, databases, tools, models, prototypes, lists, platforms, and other materials (“SANTA Materials”). You agree that any SANTA Materials that SANTA provides as part of the Services are licensed to you and may be used by you only in accordance with these Terms as well as any additional license terms and conditions that may accompany the SANTA Materials.

License to You:

We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services for your personal, non-commercial use. Any commercial use of the Services requires a separate, signed agreement between you and SANTA. You may only use the Services on devices that you own or control. Accessing and using our Services and/or SANTA Materials does not give you ownership of any intellectual property or proprietary rights in either. SANTA and/or its licensors and suppliers retain ownership of all rights, title, and interest in the Services and SANTA Materials, and except for the limited use rights expressly granted in these Terms, no other rights or licenses are granted or implied. You may not use the Services in any way that is inconsistent with these Terms or that infringes any intellectual property or proprietary rights of SANTA or any third party.

License from You:

You retain all intellectual property rights to, and are responsible for, any User Content you share. We are allowed to share your User Content with anyone through any media, including promoting it via advertising on SANTA and third-party sites or channels. In legal terms, this means you grant SANTA a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable and sublicensable right to use, copy, modify, translate, distribute, publish, and process any information and User Content that you provide through the Services, without any further consent, notice, accounting, and/or compensation to you or others. Because you own your User Content and information and we only have non-exclusive rights to use it, you may choose to make your User Content available to others as you choose.

B. SANTA Trademarks:

SantaTime, SANTA, the SantaTime logo, and other SANTA trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of SANTA in the US and/or other countries. Other trademarks or logos used in connection with the Services may be the trademarks of their respective owners. You are not granted any right or license in any of these trademarks, and you will not remove, obscure or alter any proprietary notices (including trademark and copyright notices) found in or on sites, content, SANTA Materials or other information related to the Services.

 

7. Third Party Content and Sites

When using our Services, you may encounter content or information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We do not generally review content provided by our users or other parties. You agree that we are not responsible for others’ (including other users’) content or information. It is not possible to prevent every possible misuse of our Services, and you agree that we are not responsible for any misuse. If you have questions or concerns about content posted or another User’s behavior, please consult the Acceptable Usage Guidelines for information about how to reach out to SANTA to communicate your concerns.

You are responsible for deciding if you want to access or use third party apps and sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your SANTA account, that app or site can access information on SANTA that’s related to you. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your personal information in ways that SANTA would not use it. Except to the limited extent required by applicable law, SANTA is not responsible for these other sites and apps – use these at your own risk.

Third Party Apps and Software

With respect to third party apps and software that may be included in or accessed by our Services (“Other Software”), you are not permitted to: (a) reverse-engineer or attempt to derive the source code from, or create derivative works of, the Other Software, or any portion thereof; (b) sublicense or distribute the Other Software or rent, electronically distribute, timeshare, or market the Other Software, (c) access, use, or copy any portion of the Other Software to directly or indirectly develop, promote or support any product or service that is competitive with the same Other Software, (d) remove any identification, patent, trademark, copyright, or other notice from the Other Software; (e) interfere with or disrupt the integrity or performance of the Other Software or third-party data contained therein; (f) attempt to gain unauthorized access to the Other Software, including access to other Users’ data; (g) disclose or publish, without the licensor’s express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Other Software; (h) use the Other Software in any manner that violates any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency or political subdivision, whether federal, state, local, or foreign; or (i) use, reproduce, distribute, or permit others to use, reproduce, or distribute any Other Software apart from the Services.

Open Source Software

The Services may contain software licensed under the terms of separate open source software licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies or is associated with the Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supercede, the terms and conditions of any applicable end user license for such Open Source Software.

 

8. Location Data

SANTA, as well as select SANTA suppliers, sponsors, and experts, and certain SANTA business partners (collectively, “SANTA Business Partners”) may provide certain features in the Services, such as those that rely on location information. To provide and improve these location-based Services, where available, SANTA and SANTA Business Partners may transmit, collect, maintain, process, and use your location data. The location data and queries collected by SANTA help provide and improve location-based Services. By providing consent and using any location-based features provided by or through the Services (including by accessing your device’s camera, microphone, or storage), you agree and consent to the transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such Services. You may withdraw this consent at any time by going to the settings on your device and either turning off the global Location Services setting or turning off the individual location setting for the Services at issue. You agree and acknowledge that some Services will not be available once the Location Services setting on your device has been turned off .

 

9. Take Down Policy and Copyright

You acknowledge and agree that SANTA reserves the right to remove any material, including your User Content, from any SANTA site if SANTA receives notification claiming such material is Unauthorized Content or if it determines, in its sole discretion, that the User Content violates the Acceptable Usage Guidelines or the restrictions set forth in the “Unauthorized Use and Content” section of these Terms.

 

10. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND SOLE RISK. SANTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, EXPERTS, SPONSORS, CONTRACTORS, AND LICENSORS (COLLECTIVELY, THE “SANTA AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, SANTA SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY.

No Medical Advice

While the information included in our Services was prepared to provide accurate information regarding topics pertaining to health, nutrition, and exercise, the information provided as part of the Services is made available with the express understanding that neither SANTA, nor any of the SANTA Business Partners, nor the SANTA Affiliates are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION PROVIDED BY THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING PROVIDED IN THE SERVICES. INDIVIDUAL RESULTS VARY, AND NO SPECIFIC RESULTS ARE EVER GUARANTEED.

No Substitution for Professional Advice

The Services are for entertainment purposes only, and are not a substitute for your consultation with your own lawyer, tax advisor, financial consultant, medical professional, or other professional. Please consult your own professional for advice specific to you.

 

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SANTA OR THE SANTA AFFILIATES BE LIABLE FOR PERSONAL INJURY, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OR FOR LOST PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, WHETHER OR NOT SANTA WAS AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SANTA OR THE SANTA AFFILIATES’ TOTAL LIABILITY TO YOU UNDER THESE TERMS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF U.S. TWENTY DOLLARS (USD$20.00).

IN ADDITION, SANTA AND THE SANTA AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST SANTA AND THE SANTA AFFILIATES FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

THIS LIMITATION OF LIABILITY IS A PART OF THE BARGAIN BETWEEN YOU AND SANTA, AND SANTA WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOU WITHOUT THIS LIMITATION OF LIABILITY.

 

12. Indemnity

At SANTA’s request, you agree to indemnify, defend, and hold harmless SANTA and the SANTA Affiliates from any and all demands, losses, liability, damages, claims, suits, costs and/or expenses (including attorneys’ fees) arising out of: (1) your use or attempted use of the Services in violation of these Terms; (2) your violation of any law or rights of any third party in connection with your use of the Services; and/or (3) your contribution of User Content and your use or contribution of Unauthorized Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

 

13. Changing and Terminating Services

SANTA may change, enhance, or discontinue providing a Service at any time in its sole discretion. Either SANTA or you may terminate the Services and these Terms at any time with written notice to the other. On termination of these Terms, you lose the right to access and use the Services. The following rights will survive termination of these Terms:

  • Our rights to use and disclose your User Content;
  • Users’ or third parties’ rights to further share the User Content you shared through the Services to the extent copied or re-shared prior to termination;
  • Any amounts owed by either party prior to termination remain owed after termination; and
  • The following additional Sections of these Terms:
    • Section 9 – Take Down Policy and Copyright
    • Section 10 – No Warranty
    • Section 11 – Limitation of Liability
    • Section 12 – Indemnity
    • Section 15 – No Obligation to Retain User Content
    • Section 17 – Governing Law
    • Section 18 – Dispute Resolution
    • Section 19 – Legal Notices
    • Section 20 – General Terms

If your use of paid Services is suspended or terminated through no fault of your own, you should contact SANTA in writing via the contact form regarding any available refund.

 

14. No Obligation to Retain User Content

SANTA is not a User Content storage service. We do not promise to store or keep showing information and User Content you or others have posted. You agree that we have no obligation to store, maintain, or provide you a copy of any User Content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

 

15. Export Control

Use of Services and SANTA Materials as well as select User Content may be subject to export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, SANTA Materials and User Content covered by these laws may not be exported or re-exported (1) into any U.S. Embargoed Countries or Territories; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in, or a national of, a U.S. embargoed country or territory and that you are not on any government sanctions or watch list.

You agree that you will not (i) use the Services, SANTA Materials, or User Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons, or (ii) distribute the Services, SANTA Materials, or User Content to any third party who you know or have reason to suspect will use them for any purpose prohibited by United States law.

 

16. Governing Law

You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflict of law provisions. You agree to submit to the personal jurisdiction and exclusive venue of the federal and state courts located in and serving the City and County of San Francisco, California as the legal forum for any dispute.

 

17. Dispute Resolution

Any dispute, controversy or claim arising out of or relating to these Terms or the breach or termination hereof will be settled by binding arbitration conducted by JAMS (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). Any arbitration will be heard by one arbitrator to be selected in accordance with the Rules, in San Francisco County, California. Judgment upon any award rendered may be entered in any court of competent having jurisdiction. SANTA and you waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to these terms, or any breach hereof, including any claim that these Terms, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator will have the power to award reasonable attorneys’ fees to the prevailing party. To the extent allowed under applicable law, you agree any dispute will be resolved without including any other third parties included as parties to the arbitration proceeding, be it as individuals, as part of a collective action, or as part of a representative class, unless both you and SANTA agree in writing to such consolidation after a dispute has arisen. Notwithstanding the foregoing, SANTA may seek immediate relief in a court of law for IP infringement.

 

18. Legal Notices

You agree that email notices sent by SANTA will satisfy any legal communication requirements and that you are obligated to keep your email address current in your SANTA account so that you receive up-to-date notices.

You agree that the only way to provide us legal notice or service of process is at the address provided below and delivered in one of three ways: (i) when delivered personally; (ii) three business days after having been sent by commercial overnight carrier with written proof of delivery; or (iii) five business days after sending by certified mail, postage prepaid, with verification of receipt:

Attn: Privacy Officer

SantaTime

6795 Edmond Street, Suite 110

Las Vegas, NV 89118

Phone: +1 (702) 670-2891

 

19. Other General Terms

Some Services we offer are also governed by supplemental terms. If you use any of these Services, supplemental terms will become a part of our agreement. For instance, if you post or share User Content, you must comply with the Acceptable Usage Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern. Unless there are supplemental terms, these Terms make up the entire agreement between and you and SANTA regarding your use of our Services. These Terms supercede any prior agreement between us regarding the Services, including previous versions of these Terms. We reserve all rights not expressly granted to you.

If a court or arbitrator with authority over these Terms finds any part of these Terms to be unenforceable, you and we agree that the court should modify the terms to make that part enforceable to effect the original intent of the parties to the maximum extent possible, and the rest of the Terms shall remain in full force and effect.

If we don’t act to enforce a breach of these Terms, that does not mean that we have waived our right to enforce these Terms.

You may not assign or transfer these Terms (or your use of the Services) to anyone without our prior written consent, which may be withheld in our sole discretion due to the unique character of the Services. You agree that SANTA may assign these Terms without your consent to a party that acquires SANTA. There are no third-party beneficiaries to these Terms.

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