Welcome to SantaChatter.com ("SANTACHATTER")!
Please read these Terms of Use carefully as they constitute a binding legal agreement between you and SANTACHATTER when accessing our websites or using our products and services.
Contents - Terms of Use
0. Introduction
1. Agreement to the Terms of Use
2. Special Notice for Non-U.S. Residents
3. Conditions of Using SANTACHATTER Sites and Services
4. Creating Your SANTACHATTER Account
5. Submissions: Your Responsibilities and Our Rights
6. Prohibited Activities
7. Ownership and License Rights
8. External Links and Non-SANTACHATTER Websites
9. Our Trademarks
10. Limited Warranties
11. Liability Limitations
12. Your Obligations to Defend and Indemnify Us
13. Addressing Copyright Infringement Claims
14. Enforcing the Terms of Use
15. Governing Law
16. Additional Terms to Understand
17. Dispute Resolution Process
18. Contact Information
0. Introduction
0.1 Ownership and Description:
These Terms of Use oversee the usage of SANTACHATTER, a service provided by emailSanta.com Inc., a Canadian corporation ("EMAILSANTA").
0.2 Applicability:
If you are a visitor or a customer accessing the SANTACHATTER-related websites or mobile apps, these terms apply. Through our platforms, users can craft personalized digital content like videos, chats, and calls, collectively termed as "Content".
0.3 Scope of Policy:
Your engagements with and contributions to the SANTACHATTER ecosystem, spanning:
• SantaChatter.com, and
• TalkTimeFriends.com
are governed by this policy. Within the "SANTACHATTER Services", both the Content you produce and any contributions ("Submissions") via our websites or mobile applications are included.
Note that while our mobile apps might be accessible through third-party Software Stores, such platforms may enforce their own unique terms.
However, it's crucial to understand that this policy doesn't extend to external sites, products, or services linked from our platforms.
We strongly advise reviewing third-party entities' policies, such as Facebook, Twitter, and PayPal, before divulging any personal information.
For comprehensive clarity, always refer to our Terms of Sale and
Privacy Policy.
Also, keep in mind that all support features of SANTACHATTER fall under these same guidelines.
0.4 Definitions:
Hereafter, "SANTACHATTER" represents EMAILSANTA. Terms such as "we", "our", and the likes refer to EMAILSANTA. For clarity on other capitalized terms, refer to our Privacy Policy and Terms of Sale. Note that SANTACHATTER is a trademark owned by EMAILSANTA. For any queries or concerns, you can contact us directly at the address provided on this page.
0.5 Service Description:
We empower users to create custom online Content exclusively for personal usage. This means the created content—be it chats, videos, or calls—should only be crafted by you and shared within your close circle, adhering to our set terms. "Submissions" might contain personal details, texts, photos, recordings, etc.
0.6 Data Handling:
All personal data submitted or collected is treated with the utmost respect, in line with our Privacy Policy.
0.7 Applicable Terms:
Your interaction with the SANTACHATTER Sites and Services automatically binds you to these Terms of Use and our Privacy Policy. Moreover, when purchasing or using any content or product from SANTACHATTER, our Terms of Sale become relevant - even for complimentary offerings.
0.8 Dispute Resolution:
It's crucial to understand that by agreeing to these terms, you are waiving rights to class actions and jury trials. Instead, disputes will be addressed through individualized binding arbitration.
1. Agreement to the Terms of Use
By accessing or using the SANTACHATTER Sites, Services, downloading, or purchasing our Content, Mobile Apps, or Products, you agree to be bound by these Terms of Use.
If you do not agree to these terms, please exit the SANTACHATTER Site and refrain from using any SANTACHATTER Services.
Remember to review these terms regularly as we may update them at any time.
2. Special Notice for Non-U.S. Residents
If you reside or are accessing the site from outside the United States, understand that your personal information might be processed globally as outlined in our Privacy Policy. Ensure you are also in compliance with local laws in your jurisdiction.
3. Conditions of Using SANTACHATTER Sites and Services
To use the SANTACHATTER Sites and Services, you must:
- Be at least 14 years of age or have parental approval and be using their account under their direct supervision.
- Have the legal authority (or have a legal guardian) to agree to these terms.
- Provide truthful, current, and complete information.
- Agree to these Terms of Use, our Terms of Sale, and our Privacy Policy.
- Safeguard your account and be responsible for its use.
We reserve the right to deny access to any user for violations of these Terms of Use or other reasons at our discretion.
4. Creating Your SANTACHATTER Account
To enjoy personalized SANTACHATTER Services:
- Set up an account with an email and password.
- Provide details like gender, age, and recipient email if required.
- Always offer accurate and up-to-date information about yourself.
- Do not impersonate others or misuse another's account or details.
If you notice unauthorized use of your account, notify EMAILSANTA immediately.
5. Submissions: Your Responsibilities and Our Rights
You can submit data, including text, images, videos, etc., to create personalized content. Ensure you have:
- Obtained consent from individuals included in your submissions.
- Not infringed on any intellectual property or privacy rights.
By submitting, you waive certain privacy expectations, and EMAILSANTA may use your submission as per these terms and our policies. If you are uncomfortable sharing, reconsider using the service or delete your account.
We may remove inappropriate or violating submissions and are not liable for any submission's use or disclosure.
6. Prohibited Activities
While you can view and share links to personalized Content, you cannot:
- Modify, reproduce, or sell the Content from the SANTACHATTER Services.
- Use the SANTACHATTER Services for commercial purposes.
- Access our data without permission, e.g., via robots or scrapers.
- Overload our infrastructure.
- "Deep-link", "mirror", or incorporate parts of our services without permission.
7. Ownership and License Rights
By adhering to these Terms, EMAILSANTA provides you a limited license to access SANTACHATTER Services for personal use and certain sharing activities.
All original Content, unless you have personally uploaded it, remains our property.
You cannot use this Content for commercial purposes without our written consent unless bought under our Terms of Sale.
In return, you allow us a worldwide, royalty-free license to utilize and share any personalized Content you upload. You cannot republish or merge our Content with other databases or platforms without our approval.
Any unauthorized use of our services can lead to license termination and might breach legal standards. Rights not explicitly granted to you here are reserved by us.
8. External Links and Non-SANTACHATTER Websites
Our Terms only cover our services, not other linked or supplier websites. We advise checking each website's individual terms as they might differ from ours. We do not oversee or accept responsibility for external content. Engaging with external sites is your choice, and once you leave our platform, you fall under their terms.
9. Our Trademarks
Names and designs related to EMAILSANTA and SANTACHATTER are our registered trademarks. Using them without permission, especially in ways that might confuse users or mimic our brand, is prohibited. Trademarks of other brands mentioned here belong to their respective owners.
10. Limited Warranties
We present SANTACHATTER Services "as is", and while we aim for precision, errors might occur. Using our services means you accept these risks. We are not liable for technical issues or for the general fitness of our content/services. Neither our partners nor we will be responsible for any damages from using our services.
11. Liability Limitations
If, despite our terms, EMAILSANTA is deemed liable for any reason, our liability will not exceed the larger of the fee you paid for our services or $100. We will not compensate for indirect damages.
For mobile app users: Any transactional concerns made via app stores or related charges are not our responsibility. Address such issues with the respective app store.
Residents of certain jurisdictions might have rights that prevent some of these limitations.
12. Your Obligations to Defend and Indemnify Us
You agree to protect and indemnify EMAILSANTA and associated parties against claims stemming from your violation of these terms, legal issues, disputes with third parties, or your engagement with our platforms and services.
13. Addressing Copyright Infringement Claims
13.1 Notification of Infringement:
EMAILSANTA respects the intellectual property rights of others.
If you believe your copyrighted work has been infringed upon by our SANTACHATTER Services, please provide us with the following details:
(i) Identification and signature of the copyright owner or their authorized agent.
(ii) A description and link to the copyrighted work in question.
(iii) Information sufficient to locate the alleged infringing content, including the URL.
(iv) Your contact details, including address, phone number, and email.
(v) A statement affirming your belief that the use of the content is unauthorized.
False claims may result in legal penalties.
13.2 Counter-Notification:
If you believe your content was mistakenly removed, submit a counter-notification with:
(i) Your signature.
(ii) Identification of the removed material and its previous location.
(iii) A statement under penalty of perjury about your belief in the content's misidentification.
(iv) Your contact details.
(v) Consent to local jurisdiction for any subsequent legal actions.
13.3 Report Abuse Button:
For certain Content, a "Report Abuse" button may be available. Use it to report inappropriate content. We commit to reviewing and taking appropriate action promptly upon notification.
13.4 False Claims:
Please note that submitting false claims can lead to legal consequences. Always ensure your claims are accurate.
14. Enforcing the Terms of Use
Should you breach any terms herein, we reserve the right, including but not limited to, terminating your rights under these Terms of Use. Legal action may also be pursued, in which case you agree to cover any resulting legal fees and costs.
15. Governing Law
These Terms of Use are governed by the laws of Alberta, Canada, without considering conflict of laws provisions. Unauthorized use of the SANTACHATTER Services may lead to civil and criminal penalties under local and international laws. You consent to the jurisdiction of courts in Calgary, Alberta for any disputes arising from these Terms.
16. Additional Terms to Understand
16.1 Notification of Changes:
We may occasionally revise our Terms of Use.
When notable modifications are implemented, we will notify SANTACHATTER account members by sending an email to their registered address or
by posting a notification on the SANTACHATTER Site. The "most recently updated" date at the top of this document will also be modified to reflect these changes.
Continued usage of the SANTACHATTER services indicates your acceptance of these updated terms.
If you find yourself in disagreement with any of the amendments, it's recommended to stop using our services and delete your SANTACHATTER account.
We encourage users to regularly review both this Privacy Policy and Terms of Use to remain informed.
16.2 Law Enforcement Requests:
Our adherence to these Terms of Use is subject to prevailing laws. We reserve the right to cooperate with legal authorities regarding any information about your use of our services.
16.3 Unenforceability:
If any provision of these Terms of Use is deemed invalid or unenforceable, the remainder will stay intact and enforceable.
16.4 Entire Agreement:
These Terms of Use, along with any other referenced terms (including our Privacy Policy and Terms of Sale), represent the complete agreement between you and EMAILSANTA regarding the SANTACHATTER Services. In case of conflicting terms, the Terms of Sale section provides guidance.
16.5 Electronic Communications:
i. Admissibility: A printed version of these Terms of Use or any electronic communication is admissible in legal or administrative proceedings.
ii. Consent: By using our services, you might be required to receive electronic communications from us.
Refer to our Privacy Policy for more details.
All electronic communications from us meet legal requirements for written consent.
17. Dispute Resolution Process
17.1 Scope:
All disputes arising from these Terms of Use, Privacy Policy, Terms of Sale, the SANTACHATTER Sites, and Services — except for claims involving EMAILSANTA's intellectual property rights — will be resolved through binding arbitration, unless expressly prohibited by local laws or otherwise stated herein.
17.2 Notification:
Should you have concerns or disputes, please contact us in writing, outlining your issues and the resolutions you seek. Send your notice to the provided address or email.
17.3 Timeframes:
- Raise any claim within 1 year from its onset. Claims beyond this period will not be entertained.
- If a resolution is not reached within 90 days from our receipt of your notice, either party is entitled to commence arbitration.
17.4 Arbitration Procedure:
The American Arbitration Association ("AAA") will manage the arbitration, unless they are unavailable. In such a case, both parties will select an alternative provider.
The AAA's rules, accessible at www.adr.org, will guide the arbitration process.
A neutral, solo arbitrator will oversee the arbitration.
The initiating party will decide the arbitration method — telephone, online, or written submissions. Personal appearances are excluded unless both parties concur.
Enforcement of the arbitrator's award can be pursued in any competent court.
Each party will cover its own arbitration expenses and will jointly shoulder the ADR provider's fees.
17.5 Authority & Decisions:
The arbitrator, akin to a court judge, has the jurisdiction to grant various remedies as deemed fit. Their decision is final and binding on both parties. The proceedings and the resultant award will remain confidential, barring legal requirements that dictate otherwise.
17.6 Individual Basis:
Arbitration will take place on an individual basis, unless local laws state otherwise. Consolidation of claims is not permissible.
17.7 Validity & Survival:
Should any segment of this Arbitration Agreement be deemed invalid, it will not influence the validity of the remaining parts. This agreement remains in effect even after the conclusion of your affiliation with EMAILSANTA.
17.8 Exclusions:
This Arbitration Agreement excludes matters concerning EMAILSANTA's intellectual property rights.
18. Contact Information
For questions, concerns, or clarifications about these Terms of Use, you can reach us at:
emailSanta.com Inc.
15 Royal Oak View NW
Calgary, Canada T3G 5L6
Phone: 4oh3-999-7817
Email: [email protected]
