Santa Calls Me Terms of Use


Updated August 21, 2008

Introduction; Consent to Terms
Please read these Terms of Use before using santacallsme.com, By using the
Service, you agree to be bound by these terms of use. If you do not agree to
these terms of use, please exit the Service. We reserve the right, at our
discretion, to modify, add or delete portions of these terms at any time by
posting updated terms of use on the Santa Calls Me Web sites. Please check
these terms frequently for updates. Any modifications, additions or
deletions to these terms shall be effective immediately upon posting of
updated terms of use. Your continued use of the Service following the
posting of updated terms of use will mean that you agree to those changes.

Copyrights
The contents of Santa Calls Me Web sites are protected by U.S. and
international copyright laws. You may not reproduce, distribute, transmit,
display, prepare derivative works, or perform any copyrighted material on
the Santa Calls Me Web sites without the prior written consent of Santa
Calls Me. For permission requests, contact us at Santa@santacallsme.com.

Trademarks
Santa Calls me®, is a service mark of Santa Calls Me and All rights are
reserved. You may not use any Santa Calls Me service marks, logos or
graphics without Santa Calls Me's prior written consent.

Framing
Santa Calls Me does not allow framing of its Web sites.

Links to Santa Calls Me Web Site
Santa Calls Me encourages and permits links to content on the Santa Calls Me
Web sites. However, Santa Calls Me is an organization committed to the
highest ethics and standards. Therefore, the linking should not (a) suggest
that Santa Calls Me promotes or endorses any third party's causes, ideas,
Web sites, products or services, or (b) use Santa Calls Me content for
inappropriate commercial purposes. We reserve the right to withdraw
permission for any link.

Links to Third Party Sites
Santa Calls Me may provide links to Internet sites maintained by third
parties, over which Santa Calls Me has no control. Santa Calls Me does not
endorse the content, operators, products or services of such sites, and
Santa Calls Me is not responsible or liable for the content, operators,
availability, accuracy, quality, advertising, products, services or other
materials on or available from such sites. Santa Calls Me shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, products or services available on or through such sites.


Use of the Service
If you use the Service, including ordering Santa Calls, Santa Emails or
Refering a friend via Santacallsme.com, you must follow a few simple rules:
1. You may not post, upload or transmit any messages or materials
anonymously or under a false name or a false email address.
2. While we do not seek to limit expression of ideas, certain materials and
language will not be tolerated. You may not post, upload or transmit any
material or links to material that is libelous, defamatory, false, obscene,
indecent, lewd, pornographic, violent, abusive, threatening, harassing,
discriminatory, in violation of the law or that constitutes hate speech.
3. The Service can only be used for non-commercial purposes. You cannot
distribute or otherwise publish any material containing any solicitation of
funds, advertising or solicitation for goods and services.
4. You may not post, upload or transmit any software or other material which
contains a virus or other harmful code or device. You may not use the
Service to distribute chain letters, mass mailings or "spam" or to gather
e-mail addresses for the purpose of sending "spam" to other users of the
Service.
6. By posting, uploading or transmitting any material on or through the
Service, you hereby grant Santa Calls Me a non-exclusive, perpetual,
royalty-free, worldwide license to use, copy, sublicense, modify, transmit,
publicly perform or display that material, and your name and location (city,
state and/or country), if you provide that information to us, in connection
with that material, in all media, whether or not now known.
7. Persons under the age of eighteen (18) MUST obtain parental permission
before using any of the services on Santa Calls Me.
8. You are solely responsible for any content posted, uploaded or
transmitted through the Information page or through the Refer a Friend
Program. Santa Calls Me does not and cannot review every message posted by
you and is not responsible for any materials posted by others through these
Services. However, Santa Calls Me has the right (but not the obligation) to
delete, edit or move any material that it deems, in its sole discretion, to
be in violation of the Rules of the Santa Calls Me Terms of Use, or which it otherwise,
in its sole discretion, considers to be objectionable.
9. Santa Calls Me is not responsible or liable for any materials sent
through the Refer a Friend program or Information page program. Santa Calls
Me cannot verify the accuracy of statements that users place Refer a Friend
program or Information page program.
10. By using the Service, you agree to abide by these rules. You acknowledge
that Santa Calls Me has the right to delete, edit or move material that it
deems, in its sole discretion, to be in violation of the Rules of the Santa
Calls Me Refer a Friend program or Information page program or these Terms
of Use, or which it otherwise, in its sole discretion, considers to be
objectionable.

Representations; Indemnity
You represent and warrant that (a) any material you post, upload or transmit
on the Santa Calls Me Infromation Page or on or through the Service does
not and will not violate any Rules of the Santa Calls Me Infromation Page or
these Terms of Use, and (b) your use of the Service complies with these
Terms of Use. You agree that you will indemnify and hold harmless Santa
Calls Me and its directors, officers, employees, members and licensees from
any and all claims, liabilities, costs or expenses, including reasonable
attorneys' fees, arising from (1) your breach of any of the above
representations and warranties, (2) your use of the Service, (3) the
materials you have posted, uploaded or transmitted in the Santa Calls Me
Infromation Page or on or through the Service, or (4) Santa Calls Me
distribution or use of such materials.

Disclaimer
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH SANTA CALLS ME ARE AVAILABLE ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SANTA CALLS ME DOES
NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES
SANTA CALLS ME MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR
THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS
ENTIRELY AT YOUR OWN RISK. LIMITATION OF LIABILITY IN NO EVENT WILL SANTA CALLS ME, ITS
DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE
USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR
THROUGH THE SERVICE. IN NO EVENT WILL SANTA CALLS ME, ITS DIRECTORS, OFFICERS,
EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Miscellaneous
These terms of use, together with the Privacy Policy, represent the entire
understanding of the parties regarding the use of the Santa Calls Me Web
Sites and supersede any previous documents, correspondence, conversations,
or other oral or written understanding related to these terms of use. These
terms of use shall be governed by and construed under District of Columbia
law without regard to its choice of law rules, and, where applicable, the
laws of the United States. To the extent permissible by law, any disputes
under these terms of use or relating to the Service shall be litigated in
the local or Federal courts located, and you hereby consent to personal
jurisdiction and venue, in the District of Columbia. A modification or
waiver of a part of these terms of use shall not constitute a waiver or
modification of any other portion of the terms of use. If for any reason any
provision of these terms of use is found unenforceable, that provision will
be enforced to the maximum extent permissible, and the remainder of the
terms of use will continue in full force and effect.

Questions
If you have any questions about the terms of use, please contact Santa Calls
Me.



Why Santa Calls Me?

Santa Calls Me has been giving children of all ages Christmas memories for a lifetime since 2005.

Santa Calls Me makes calls to people of any age for any occasion all year round.

Santa Calls Me can help give doubtful kids another year of the magic only Santa can bring.

Watch the sparkle in your children's eyes when they discover that Santa has taken time out of his busy schedule to call them personally to make a Christmas connection.

Help spread the Christmas spirit year round with a one of a kind phone call and email from Santa.