Terms of Service
ACCEPTANCE OF TERMS
Zertle LLC (hereinafter "BecomeSanta") provides the Service(s) (hereinafter "Service"). The Service specified on the web site BecomeSanta.com is subject to these Terms of Service (hereinafter "TOS"), which may be updated without prior notice. The current version of the TOS is available at: http://becomesanta.com/tos.html. Failure to comply with the TOS may result in service cancellation.
YOUR ORDER OBLIGATIONS AND PRIVACY
Order posting is required to use the Service. To post an order you are required to provide accurate, complete and current information. You agree that you are solely responsible for providing BecomeSanta with accurate information related to your order.
BecomeSanta does not share the personally identifiable information with outside parties.
INDEMNITY
You agree to indemnify and hold BecomeSanta, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.
PAYMENT AND BILLING
The Service can be paid only via PayPalR. BecomeSanta does not collect any billing information connected with your credit card or your PayPalR account. You agree that all the effected payments for the Service are non-refundable in any case.
As the ordering customer, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone who uses your credentials, including your family, friends and co-workers.
MODIFICATIONS TO SERVICE
BecomeSanta reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that BecomeSanta shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMINATION
You agree that BecomeSanta, in its sole discretion, may terminate your order, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if BecomeSanta believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your usage of the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BecomeSanta may immediately deactivate or delete your BecomeSanta service and all related information and files. BecomeSanta reserves the right to bar any further access to such files or the Service. You agree that BecomeSanta shall not be liable to you or any third-party for any termination of your access to the Service. Paid orders that are terminated will not be refunded.
EXCLUSION OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. BECOMESANTA 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.
IN PARTICULAR BECOMESANTA MAKES NO WARRANTY THAT:
- THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
- THE SERVICE USE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE,
- ANY RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND WILL MEET YOUR REQUIREMENTS OR RESULTS, AND
- THE ERRORS OR DISFUNCTION OF THE SERVICE OPERATION WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR PHONE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE BECOMESANTA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BECOMESANTA 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 BECOMESANTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE BECOMESANTA SERVICE;
- 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 BECOMESANTA SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BECOMESANTA SERVICE; OR
- ANY OTHER MATTER RELATING TO THE BECOMESANTA SERVICE.
IN NO EVENT SHALL BECOMESANTA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BECOMESANTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE BECOMESANTA SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY BECOMESANTA OF ANY UNAUTHORIZED USE OF YOUR CREDENTIALS, ORDER OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
OTHER
These Terms of Service constitute the entire agreement between you and BecomeSanta, and thus supersede any prior written or oral agreement, communication or proposal between the parties regarding BecomeSanta. If any part of these TOS shall be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of TOS shall continue to be valid and enforceable to the fullest extent permitted by law.
DISPUTE
These TOS shall be governed by the substantive law of Nevada, US.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Court of Las Vegas, NV.