Terms and Conditions
COONTENT NOTICE
CHATWITHSANTA.com branded programs contain content that may require viewers to suspend belief and may not be suitable for viewers over the age of 12.
COPYRIGHT NOTICE
Copyright © 2007 Interactive Netcasting Systems Inc. All rights reserved. No CHATWITHSANTA.com Content may not be reproduced, publicly performed, translated, posted to a site or chat room, framed, distributed by any means, stored in a retrieval system, transmitted or retransmitted by telecommunication, proxy cached or otherwise used in any form of media without prior written permission from us.
USE OF CONTENT
To use or license any content from chatwithsanta.com, you must obtain written permission from us. please send us an e-mail at: info@chatwithsanta.com
1. ACCEPTANCE OF TERMS
Chat with Santa (the "Site") is provided to you subject to the following terms and conditions of service. Your use of this website indicates that you accept and agree to be bound by these terms and conditions of service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information 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 any portion thereof).
3. CHAT WITH SANTA PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.
4. REGISTRATION, PASSWORD AND SECURITY
You will receive a password and member account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account.
5. INDEMNITY
You agree to indemnify and hold INSINC and Chat with Santa, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising as a result of your connection to the use of the Site, your violation of the Terms of Service, or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
7. MODIFICATIONS TO SITE
INSINC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that INSINC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service and that any repercussions shall be limited solely to relegation to Santa's Naughty List.
8. TERMINATION
You agree that INSINC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site if INSINC believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. INSINC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that INSINC may immediately deactivate or delete your account and all related information. Further, you agree that INSINC shall not be liable to you or any third-party for any termination of your access to the Site.
9. CHAT WITH SANTA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary infrastructure used in connection with the Site ("Infrastructure") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by INSINC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Infrastructure, in whole or in part.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSINC EXPRESSLY DISCLAIMS 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.
(b) INSINC MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE PRESENTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSINC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INSINC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INSINC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.