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Terms and conditions
Date of Last Revision: September 6, 2007. |
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Welcome
to Santa's Rules, a social utility that allows people to share ideas
on improving peace and harmony in their families. The Santa's Rules
service and network (collectively, "Santa's Rules" or "the Service")
are operated by Gricefly Ltd. and its corporate affiliates (collectively,
"us", "we" or "the Company"). By accessing or using our web site at
www.santasrules.com, you (the "User") signify that you have read,
understand and agree to be bound by these Terms and conditions ("Terms
and conditions" or "Agreement"), this applies whether or not you are
a registered member of the Service. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these Terms
and conditions at any time without further notice. If we do this,
we will post the changes to these Terms and conditions on this page
and will indicate at the top of this page the date these terms were
last revised. Your continued use of the Service or the Site after
any such changes constitutes your acceptance of the new Terms and
conditions. If you do not agree to abide by these or any future Terms
and conditions, do not use or access (or continue to use or access)
the Service or the Site. It is your responsibility to regularly check
the Site to determine if there have been changes to these Terms and
conditions and to review such changes.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION
CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Privacy
We care about the privacy of our users. Click here to view the site
Privacy Policy. By using the Site or the Service, you are consenting
to have your personal data transferred to and processed in Ireland.
User Content Posted on the Site
You are solely responsible for the photos, profiles, messages, notes,
text, information, , listings, and other content that you upload,
publish or display (hereinafter, "post") on or through the Service
or the Site, or transmit to or share with other users (collectively
the "User Content"). You understand and agree that the Company may,
but is not obligated to, review the Site and may delete or remove
(without notice) any Site Content or User Content in its sole discretion,
for any reason or no reason, including without limitation User Content
that in the sole judgment of the Company violates this Agreement,
or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users or others. You are solely responsible
at your sole cost and expense for creating backup copies and replacing
any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us
to make such copies thereof as we deem necessary in order to facilitate
the posting and storage of the User Content on the Site. By posting
User Content to any part of the Site, you automatically grant, and
you represent and warrant that you have the right to grant, to the
Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) to use, copy,
publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose
on or in connection with the Site or the promotion thereof, to prepare
derivative works of, or incorporate into other works, such User Content,
and to grant and authorize sublicenses of the foregoing. You may remove
your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire,
however you acknowledge that the Company may retain archived copies
of your User Content.
User Conduct
You understand that except for advertising programs offered by us
on the Site, the Service and the Site are available for your personal,
non-commercial use only. You represent, warrant and agree that no
materials of any kind submitted through your account or otherwise
posted, transmitted, or shared by you on or through the Service will
violate or infringe upon the rights of any third party, including
copyright, trademark, privacy, publicity or other personal or proprietary
rights; or contain libellous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
" harvest or collect email addresses or other contact information
of other users from the Service or the Site by electronic or other
means for the purposes of sending unsolicited emails or other unsolicited
communications; " use the Service or the Site in any unlawful manner
or in any other manner that could damage, disable, overburden or impair
the Site; " use automated scripts to collect information from or otherwise
interact with the Service or the Site; " upload, post, transmit, share,
store or otherwise make available any content that we deem to be harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable;
" upload, post, transmit, share, store or otherwise make available
any videos other than those of a personal nature that: (i) are of
you or your friends, (ii) are taken by you or your friends, or (iii)
are original art or animation created by you or your friends; " register
for a User account on behalf of any group or entity; " impersonate
any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity; " upload,
post, transmit, share or otherwise make available any unsolicited
or unauthorized advertising, solicitations, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation; " upload, post, transmit, share, store or otherwise
make publicly available on the Site any private information of any
third party, including, without limitation, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
" solicit personal information from anyone under 18 or solicit passwords
or personally identifying information for commercial or unlawful purposes;
" upload, post, transmit, share or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
" intimidate or harass another; " upload, post, transmit, share, store
or otherwise make available content that would constitute, encourage
or provide instructions for a criminal offence, violate the rights
of any party, or that would otherwise create liability or violate
any local, state, national or international law; " use or attempt
to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the
Site. " upload, post, transmit, share, store or otherwise make available
content that, in the sole judgment of Company, is objectionable or
which restricts or inhibits any other person from using or enjoying
the Site, or which may expose Company or its users to any harm or
liability of any type.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide
accurate, current and complete information about you as may be prompted
by any registration forms on the Site ("Registration Data"); (b) maintain
the security of your password and identification; (c) maintain and
promptly update the Registration Data, and any other information you
provide to Company, to keep it accurate, current and complete; and
(d) be fully responsible for all use of your account and for any actions
that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including
but not limited to designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection
and arrangement (the "Site Content"), are the proprietary property
of the Company, its users or its licensors with all rights reserved.
No Site Content may be modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or sold in
any form or by any means, in whole or in part, without the Company's
prior written permission, except that the foregoing does not apply
to your own User Content (as defined below) that you legally post
on the Site. Provided that you are eligible for use of the Site, you
are granted a limited license to access and use the Site and the Site
Content and to download or print a copy of any portion of the Site
Content to which you have properly gained access solely for your personal,
non-commercial use, provided that you keep all copyright or other
proprietary notices intact. Except for your own User Content, you
may not upload or republish Site Content on any Internet, Intranet
or Extranet site or incorporate the information in any other database
or compilation, and any other use of the Site Content is strictly
prohibited. Such license is subject to these Terms and conditions
and does not include use of any data mining, robots or similar data
gathering or extraction methods. Any use of the Site or the Site Content
other than as specifically authorized herein, without the prior written
permission of Company, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable
laws including without limitation copyright and trademark laws and
applicable communications regulations and statutes. Unless explicitly
stated herein, nothing in these Terms and conditions shall be construed
as conferring any license to intellectual property rights, whether
by implication or otherwise. This license is revocable at any time
without notice and with or without cause.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit
users from uploading, posting or otherwise transmitting on the Santa's
Rules website any materials that violate another party's intellectual
property rights. When we receive proper Notification of Alleged Copyright
Infringement as described in our Copyright Policy, we promptly remove
or disable access to the allegedly infringing material and terminate
the accounts of repeat infringers as described herein in accordance
with the Digital Millennium Copyright Act. If you believe that any
material on the Site infringes upon any copyright which you own or
control, you may send a written notification of such infringement
to our Designated Agent. Please see our Copyright Policy for more
information on how to report infringement of your copyright.
Disclaimers
The Company is not responsible or liable in any manner for any User
Content on the Site or in connection with the Service, whether posted
or caused by users of the Site, by Santa's Rules, by third parties
or by any of the equipment or programming associated with or utilized
in the Site or the Service. The Company has taken steps to limit offensive,
inappropriate, obscene, unlawful or otherwise objectionable content
being uploaded. By accepting these terms and conditions you indemnify
the Company from any liability relating to discovery of such content.
The Company is not responsible for the conduct, whether online or
offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time
to time for maintenance or other reasons. The Company assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other
problems of any telephone network or service, computer systems, servers
or providers, computer or mobile phone equipment, software, failure
of email or players on account of technical problems or traffic congestion
on the Internet or at any Site or combination thereof, including injury
or damage to User's or to any other person's computer, mobile phone,
or other hardware or software, related to or resulting from using
or downloading materials in connection with the Web and/or in connection
with the Service. Under no circumstances will the Company be responsible
for any loss or damage, including any loss or damage to any User Content
or personal injury or death, resulting from anyone's use of the Site
or the Service, any User Content or Third Party Applications, Software
or Content posted on or through the Site or the Service or transmitted
to Users, or any interactions between users of the Site, whether online
or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND
THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS
FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS.
COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS
ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE
ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE
USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING
ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER
SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software
and other items used or contained in the Site and any Services and
Platform Applications offered through the Site at any time without
notice. Reference to any products, services, processes or other information,
by trade name, trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or recommendation
thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR
ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR
THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE,
EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING
THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY
TO YOU EXCEED €1. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY
FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS
OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF
ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your membership, delete your profile and
any content or information that you have posted on the Site or through
any Platform Application and/or prohibit you from using or accessing
the Service or the Site or any Platform Application (or any portion,
aspect or feature of the Service or the Site or any Platform Application)
for any reason, or no reason, at any time in its sole discretion,
with or without notice.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the
laws of the Irish State govern these Terms and conditions and any
dispute of any sort that might arise between you and the Company or
any of our affiliates. With respect to any disputes or claims, you
agree not to commence or prosecute any action in connection therewith
other than in Dublin, Ireland , and you hereby consent to, and waive
all defences of lack of personal jurisdiction and forum non convenes
with respect to, venue and jurisdiction in the state and high courts
of Ireland.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and
affiliates, and each of their directors, officers, agents, contractors,
partners and employees, harmless from and against any loss, liability,
claim, demand, damages, costs and expenses, including reasonable attorney's
fees, arising out of or in connection with any User Content you post
or share on or through the Site, your use of the Service or the Site,
your conduct in connection with the Service or the Site or with other
users of the Service or the Site, or any violation of this Agreement
or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Site or the Service
("Submissions"), provided by you to the Company are non-confidential
and shall become the sole property of the Company. The Company shall
own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of
these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Other
These Terms and conditions constitute the entire agreement between
you and the Company regarding the use of the Site and/or the Service,
superseding any prior agreements between you and Company relating
to your use of the Site or the Service. The failure of the Company
to exercise or enforce any right or provision of these Terms and conditions
shall not constitute a waiver of such right or provision in that or
any other instance. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
If any provision of these Terms and conditions shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms and conditions and shall not affect
the validity and enforceability of any remaining provisions. |
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"You better not shout, you better not cry, you better not pout I'm telling you why, Santa Claus is coming to town..."
www.santarules.com © Christmas 2007
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